CIHM 
Microfiche 
Series 
(IMonographs) 


ICIMH 

Collection  de 
microfiches 
(monographfes) 


Canadian  Inatitut.  for  Hlatorlcal  Microraproductlon.  /  Inatltut  Canadian  da  microraproduction.  hi 


historiquas 


Technical  and  Bibliographic  Notes  /  Notes  techniques  et  bibllographlques 


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Ce  document  est  fllmi  au  Uux  de  reduction  indlqui  ci-dessous. 


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Mr 

Th«  copy  «l»"«d  h«r»  hM  b««n  r«pre4tic«d  thank* 
to  tlM  9«n«roMtv  of: 

National  Library  of  Canada 

Th«  imagM  appaaring  har.  ara  tha  baat  quality 
poMibIa  conaidarinQ  tha  condition  and  laflibiiity 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  eonttact  apacif Icationa. 

Original  copiaa  in  printad  papar  covara  ara  fllmad 
baoinning  with  tha  front  eovar  and  and^g  on 
tha  laat  paga  with  a  printad  or  illuatrat^l  impraa- 
.ton.  or  !h?  back  covar  whan  appropnata.  All 
othar  original  copiaa  ara  f  ilmad  baginning  on  tha 
first  paga  with  a  printad  or  »'"«'"«»?J"*P'r;- 
•ion.Tnd  anding  on  tha  laat  paga  with  a  printad 
or  illuauatad  imprasaion. 


Tha  last  racordad  frama  on  aach  microflcha 
•hall  conuin  tha  .ymbol  -*►  •"»••"'"«  cSS..; 
TINUED"!.  or  tha  symbol  V  (moaning    twu  i. 
whiehovar  applias. 

Maos.  olatas.  charts,  ate.  may  ba  fllmad  at 
!JX«nVraduction  ratios.  Thosa  too  larga  to  ba 
antiraly  includad  in  ona  axposura  ara  fllmad 
Lginning  in  tha  uppar  ..ft  hand  cornar  Jaft  to 
right  and  top  to  bottom,  a.  "'•"Vl'"'"*;  "•   _ 
raquirad.  Tha  following  diagrams  illustrata  tha 

mathod: 


L'anamplaira  filnt*  fut  roproduit  grica  *  la 
ginAreaiti  do: 

Biblioth•q^•  national*  du  Canada 


Las  imagas  suiwantas  ont  *t*  raproduitas  avac  la 
plus  grand  soin.  compta  tanu  da  la  condition  at 
da  la  nattat*  da  I'axamplaira  film*,  at  an 
eonf  ormitO  avae  laa  conditions  du  contrat  da 
fUmago. 

Laa  aaamplairaa  originaua  dont  la  couwanura  an 
papiar  aat  imprimOa  sont  fllma*  an  eommancant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
darniOra  paga  qui  comporta  una  amprainta 
d'imprasaion  ou  d'illuatration.  soit  par  la  sacond 
plat,  salon  la  cas.  Toua  laa  autras  axamplairas 
originaux  sont  fllmOs  an  eommancant  par  la 
pramiAra  paga  qui  comporta  una  amprainta 
d'impraasion  ou  d'iUusuation  at  an  tarminant  par 
la  darniir*  paga  qui  comporta  una  talla 
amprainta. 

Un  das  symbolas  suivants  apparaitra  sur  la 
darni*ra  Imaga  da  chaqua  microfiche,  salon  la 
cas:  la  symbola  -^  signifia  "A  SUIVRB".  la 
symbola  V  signifia  "FIN". 

Las  cartaa.  planchas.  Mblaaun.  ate.  pauvant  atra 
f llmOs  «  das  taua  da  rOduction  diffCrants. 
Lorsoua  la  documant  ast  trap  grand  pour  *tra 
raeroduit  an  un  saul  ellch*.  il  ast  film*  *  panir 
da  langla  supOriaur  gaucha.  da  gaucha  *  Oro.to. 
•t  da  haut  an  bas.  an  pranant  la  nombra 
dimagas  n*cassaira.  Laa  diagrammas  suivants 
illustrant  la  m*thodo. 


MICROCOPY   RiSOlUTK>N   TEST  CHART 

(ANSI  and  ISO  TEST  CHART  No.  2) 


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I.I 


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15.0 


Its 
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1.8 


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1 4.0 


^  APPLIED  IIS/MGE    Inc 

S^  1SSJ  E<"t  Main  S*.e«t 

Sr^  Rochester.  Nev  York        14609      USA 

^g  (716)  482  -  0300  -  Phone 

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< 


GOVERNMENT   BY   THE    PEOPLE 


THE  MACMILLAN  COMPANY 

NEW  YORK  .    BOSTON  •   CHICAGO 
ATLANTA  •   SAN  FRANCISCO 

MACMILLAN  ft  CO..  Limitkd 

LONDON  •    BOMBAY  •   CALCUTTA 
MBLBOUBNB 

THE  MACMILLAN  CO.  OF  CANADA.  Ltd. 

TORONTO 


n 


GOVERNMENT 
BY   THE   PEOPLE 


i 


THE  LAWS  AND  CUSTOMS  REGULATING 

THE   ELECTION    SYSTEM    AND    THE 

FORMATION    AND    CONTROL    OF 

POLITICAL  PARTIES  IN  THE 

UNITED  STATES 


BY 


ROBERT  H.   FULLER 


«   n 


"JStia  fgotit 

THE  MACMILLAN  COMPANY 

1908 

All  rightt  rtttrvtd 


^^MdI 


->  o 


CofvmoHT,  1908, 
Bv  THE  M  ACM  ILL  AN  COMPANY. 

S«tupMdel«ctrotjrped.    Publiihed  April,  1908. 


0.  8.  Cnohlng  Co.  —  Berwick  &  Smith  Co 
Norwood,  Mm8.,  U.S.A. 


PREFACE 

In  the  following  pages  an  attempt  has  been  made  to 
describe  how  government  by  the  people  is  carried  on 
in  the  United  States  so  far  as  each  voter  is  entitled  to 
participate  personally  in  it.  The  will  of  the  majority 
finds  expression  through  channels  of  custom  which 
only  in  part  are  defined  by  law. 

How  political  parties  are  constituted  and  how  elec- 
tions are  conducted  has  been  set  forth,  together  with 
some  account  of  the  various  devices  which  are  em- 
ployed to  hinder  or  distort  the  recording  of  the  man- 
dates of  the  sovereign  power. 

The  aim  of  the  book  is  to  give  facts  for  the  practical 
information  of  the  voter,  without  argument  either  for 
or  against  any  theory  or  proposal  of  reform.    The  his- 
tory of  elections  and  of  election  laws  has  been  drawn 
upon  only  so  far  as  it  seemed  necessary  to  make  clear 
why  certain  features  of  the  election  system  exist  and 
how  they  operate.    The  election  laws  of  the  several 
States,  while  alike  in  their  general  provisions,  differ  in 
detail.     The  principles  which  underiie  all  the  State 
laws  have  been  outlined,  and  by  way  of  illustration  the 
provisions  of  the  laws  of  New  York  State  have  been 
fully  described. 


i 


i 


CONTENTS 


CHAPTER  I 

Government  by  Elections.    f|  i-ia 

Will  of  the  voters  supreme,    f  i 

Formation  of  political  parties.     $3     . 

Delegation  of  power  by  the  voters.     $§  3-4 

The  political  Machine.     §§  5-6  . 

Evils  of  the  election  system.    §7 

Laws  passed  to  prevent  fraud.     §  8    . 

Distinction  between  the  party  and  the  Machine.    §  9 

Plurality  and  majority  vote,    f  >o      . 

Indirect  elections.     §  11     . 

Majority  of  public  officials  appointed.    §  u 


rAGB 

I 
I 
I 

3 

4 
6 

7 
8 
8 
8 


CHAPTER   II 

Qualifications  for  Voting. 

The  right  to  vote  not  inherent.     §  13 

Restrictions  upon  the  voting  privilege. 
Citizenship.    §§  18-26       .... 

Naturalization  of  aliens.    §§19-21 

Women  and  minors.    §  22  . 

InhabiUnts  of  colonies.    §  23      . 

Punishment  for  fnud.     §  24 

Aliens  as  voters.     §§  25-26 
General  restrictions  upon  voters.     §§  27-30 

Disfranchisement  for  crime  or  disability. 

Women  and  the  ballot.    §  32      . 

Variation  in  State  laws.    §  33     . 

vii 


>3-33 

•  • 

14-17 


31 


10 
10 
II 

13 
16 
17 
17 
18 
18 
20 
20 
21 


vm 


CONTENTS 


CHAPTER   III 


Identification  of  Voters.    §§  34-51 


i  .' 


Registration  of  names.     §§  34-36 

Voting  districts  or  precincts.     §  yj 
Boards  of  registration.     §§38-39 
New  York  registration  law.     §§  39-50 
Notices  to  voters.     §§  41-42 
Election  officers.     §  43 
Days  of  registration.     §  44  . 
Appointment  of  watchers.     §  45 
How  voters  register.     §§  46-47 
Clialirnges.     §§48-49 
Registration  of  naturalized  voters.     §  50 
Persons  excluded  from  registration.     §  51  . 


CHAPTER  IV 

The  Primary  Election.    §§  52-99 

Basis  of  party  organization.     §§52-53 
Primary  derived  from  the  caucus.     §  54 

Origin  and  history  of  the  caucus.     §§  cr-  r 
Function  of  the  Primary.     §58. 
The  Primary  and  the  "boss.'*     §  59  . 
Regulation  by  the  States.     §§  60-63  • 
The  Primary  and  party  "  loyalty."     §  64 
Failure  of  voters  to  attend  the  Primaries.     §§  6 
Independent  organizations.     §§  68-69 
Difficulties  of  Primary  legislation.     §  70 

Party  lists  essential.     §  71   . 
The  New  York  Primary  law.     §§  72-98 
Application  of  the  law.     §§73-75 
Enrolment  of  party  voters.     §§  76-81 
Custody  of  the  enrolment.     §§  82-S4 
Primary  and  regular  elections.     §  85 


67 


PAGE 

22 

24 
24 
24 

25 
26 
26 

27 
27 
28 
29 

29 


31 
31 
32 

33 

34 
34 
36 

39 
40 

41 
42 
42 
43 

45 
46 


CONTENTS 


IX 


PAGE 
22 

24 
24 
24 

25 
26 
26 

27 
27 
28 
29 
29 


Dates  for  holding  Primaries.  §§  86-87 
Primaries  and  party  government.  §  SB 
Basis  of  representation.  §89 
Primary  districts.  §§  90-gi 
Notification  of  voters.  §92 
Preparation  of  ballots.  §  93 
Watchers  and  challengers.  §  94 
How  the  ballots  are  cast.  §§  95-97 
Announcement  of  the  result.  §  98 
Primary  contests.     §  99     . 


CHAPTER  V 

The  Nomination  of  Candidates.    §§  100-140 

Methods  of  nomination.     §  100 
National  conventions.     §§  loi-ill 

Beginning  of  party  organization.     §  102 

First  party  platform.     §§  103-104 

The  ''unit"  and  "two-thirds"  rules.     §§  105-106 

Election  of  delegates.     §§107-108 
State  conventions.     §§  109-131  . 

Supremacy  of  the  "  boss."     §§  1 13-1 14 

Temporary  organization.     §§  11 5-1 20 

Work  of  the  committees.     §§  121-122 

Permanent  organization.     §§  123-124 

The  platform.     §  125  . 

Nomination  of  candidates.     §§  126-130 

The  party  emblem.     §  131   . 
Nomination  by  petition.     §§  132-135 

Number  of  signatures  required.     §  133 

Abuse  of  nominating  pttitions.     §§  134-135 
Direct  nominations.     §§  136-137 

The  New  Jersey  method.     §  138 
Certification  of  nominations.     §  139    . 
Preparation  of  the  official  ballot.     §140 


PACK 

47 
48 
49 
49 
50 
SO 
SI 
51 
S3 
S3 


54 
54 
55 

56 
58 
59 
60 

61 

63 
66 

67 
69 
69 
73 
73 
74 

75 
76 

V 
78 
78 


CONTENTS 


150-ISS 


CHAPTER  VI 

Voting  on  Election  Day.    §§  i^j^^oi 
Use  of  the  ballot.    §  141 
GeneraJ  and  local  elections'separate.  *  §  x^ 
Times  for  holding  elections.    §§  ,43-x46 
The  Australian  ballot.    §147    .    ^"^    *"  * 

T''e  party  column.    §  148 
New  York's  voting  system.     §§149-202     ' 
Election  officers  and  their  duties.     < 
Electioneering  forbidden.     §  156     " 
The  polling-places.    §§  157-158 
The  ballot-boxes.     §  159    . 
The  voting  booths.     §§16(^161' 
Filing  the  nominations.     §  162 
Official  and  sample  ballots.     §8  ,6,-i6c 
Instruction  cards.    §  166 
Secrecy  of  the  ballot.     §§167-1^ 
Opening  the  polls.     §§169-170. 
Identification  of  the  voter. 
Prevention  of  «  repeating." 
Physical  disabUity.    §  177 
Challenges.    §§178-179 
How  the  ballot  is  marked,    ^s  iocki« 
Record  of  the  ballot  kept.     §§,83-185 
Protection  of  employees.     §186 
How  the  votes  are  counted.     §§  ;8;-,89 
Keeping  the  tally-sheets.     §190 
Announcement  of  the  result.     §§  jg^J^^ 
Statements  of  officials.     §193     .  ^ 

Preservation  of  the  ballots.     %  iL 
Filing  the  returns.     §195  ^      ' 

Canvas  of  the  returns.     §§  ,96-;98   .' 
Certification  of  the  result.     §§  199.201 

Amendments  to  the  Constitution.    §202 


171-174 


180-182 


CONTENTS 


80 
80 
81 
84 

86 

86 

87 

91 

91 

92 

92 

93 
94 
96 
96 
97 
98 

99 
100 
loi 

103 
106 
108 
108 
110 
III 

1X2 

"3 

114 

"5 
117 

119 


1 
I 


CHAPTER  VII 
Indirect  Elections.    §§  203-225 

Election  of  the  President.     §§  203-205 
The  Electoral  College.    §  206     . 
Election  by  the  House.    §  207   . 
Contests  for  the  Presidency.     §§  208-213 
The  choice  of  Electors.    §§214-217   . 
Division  of  Electors.    §215 
How  the  electoral  vote  is  cast.     §  216 
Party  obligation  of  Electors.     §217    . 
Election  by  Commission.    §  218 
The  Electoral  Count  Act.    §  219 
Direct  vote  for  President.     §  220 

Election  of  United  Sutes  Senators.    §§  221-224 
Controlled  by  the  Machines.    §  223    . 
Election  by  direct  vote.    §  224    . 

Indirect  Election  of  State  officers.     §  225  . 

CHAPTER  VIII 


Bribery  and  Intimidation.    §§  226-259 

The  corruption  of  elections.    §§  226-231 

Laws  not  enforced.     §  227  . 

Business  and  politics.    §  228 

Assessment  of  candidates.     §  229 

Corporations  forbidden  to  contribute 

Vote-buying  in  New  York.     §  231 
New  York  penal  provisions  against  bribery 

"  Entertainment "  of  voters  forbidden. 

Use  of  money  restricted.     §  233  . 

Indirect  bribery.     §§  234-235      . 

Witnesses  compelled  to  testify.     §  236 

Intimidation  prohibited.    §  237  . 

Coercion  of  soldiers.    §  238 


rAcm 
120 
121 
122 
122 
127 
128 
128 
129 
130 
»3I 
133 
134 

13s 
136 

137 


.     .     •     • 

138 

. 

138 

•        •        •        * 

139 

•     •     • 

140 

§230    . 

140 

•        •        • 

141 

-.  §§  232-243 

142 

§232    . 

142 

142 

144 

6 

.  145 

.  146 

146 

xu 


CONTENTS 


l\ 


§§  240-241 


51 


Conspiracy  a  crime.     §  239 

Assessments  on  office-holders  iujgal. 

The  sale  of  office.     §§242-243     ^ 
Statements  by  candidates.     §  244 
Fraud  in  naturalization.     §§245-246" 
Distribution  of  campaign  funds      ^  "47  ^ 

How  the  money  is  spent.     §  248         " 

Expenditures  by  committee;.     §  240 
Personal  expenses.     §  250 

Judicial  inquiry  and  penalties.     8251 
Weakness  of  the  law.     §.52  ^ 

The  British  Corrupt  Practices  A^t.     §253' 

The  Ontario  Statute.     §§254-258  " 

Ireating"  forbidden.     §§255-256    .' 

Forfeiture  of  office.     §  257  .        . 

Purchased  votes  void.     §  258      " 

Limitation  of  campaign  expenditure.  '§  259 

CHAPTER   IX 

SUPP.HMENTAL  SakkGUAKOS  AOAIKST  FraUH.     §§  260-27, 
xeneral  law«  ;n=..o;„:„_.      ..    ,  ^^  200-273 


rACB 

147 

148 
149 

152 

'53 

'54 
156 
156 
158 
158 

'59 
'59 
160 
160 
161 


General  laws  insufficient.     §  260 
Specml  law  for  New  Vork  City.     §§  ;6z-2;2       " 
State  Supenntendent  of  Elections.     4  -ez-.e. 
The  floating  vote.     §  264    .  ^ 

Card-catalogue  of  voters.     §  26c 
Investigation  of  voters.     §§266-267    '        ' 
Lodging-house  and  saloon  lists.     ^§  26^270 
Operation  of  the  law.     §272         ^^^^^70 
The  Massachus"'  •;  an.     §  273 

CHAPTER  X 
Experiment  and  Reform. 
Effect  of  party  prejudice.     §  274 
Exemption  from  jury  duty. '  §  275 


'63 

'63 

164 

165 

166 

167 

168 

170 

171 


274-288 


^73 
i73 


I 


CONTENTS 


Xlll 


PACK 

M7 
148 
149 

151 
152 

'53 
154 
156 
156 
158 
158 

'59 
159 
160 
160 
161 


I  Woman  suffrage.     §  276    . 
Direct  nominations.     §  277 
Examination  of  election  officers.     §  278 
Voting  machines.     §  279  . 
Enforcement  of  law  by  volunteers.     §  280 
Anti-bribery  agreements.     §  281 
Minority  representation.     §§  282-283 
Cumulative  voting.     §  284 
The  initiative  and  referendum.     §§  285-287 
Frequent  use  of  the  referendum.     §  286 
The  right  of  petition.     §287 
The  Recall.    §  288 

CHAPTER    XI 


Parties  and  their  Organization.    §§  289-330 

Origin  of  parties.     §  289    . 
Republicans  and  Democrats.     §  290  . 

Jefferson  and  Hamilton.     §  291  . 
Minor  parties.     §§292-296 

The  Prohibitionists.     §  293 

The  Socialist-Labor  party.     §  294 

The  Socialist  party.     §  295 

The  People's  party.     §  296 
Organization  of  parties.     §§  297-302  . 

Committees  and  conventions.     §  298 

The  National  Committee.     §  299 

State  committees.     §  300     . 

County  committees.     §  301 

Basis  of  the  Machine.  §  302 
Parties  recognized  b_\  law.  §  303 
Character  of  party  Machines.     §  304 

Responsibiliry  of  voters.     §305 
Legal  regulation  of  parties.     §  306 


Rules  and  regulations.     § 
Rights  of  party  voters. 


§308 


PAGK 
174 
175 

'75 

176 

177 
177 

178 

179 
180 

183 
185 
185 


186 
186 

187 

188 
188 
188 
189 
189 
189 
189 

190 

191 
191 
192 

192 

'93 
'94 
'95 
195 
195 


XIV 


CONTENTS 


1 


Tammany  Hall  organization  described.     §§  ,oo-«o 
Example  of  a  Republican  County  organization^^«     '        *     '^ 
Independent  organization..    g'j;°'^S*°'^'^'°«'    §&  321-329    2c 

•        .20 

APPENDIX  I 

State  Regulation  OF  THE  Voting  PRivri^GE     .       .    ,,, 

APPENDIX  II 
Party  Platforms  of  1904     . 


MOB 

•  196 
329   203 

•  209 


211 


224 


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GOVERNMENT  BY  THE  PEOPLE 


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GOVERNMENT  BY  THE  PEOPLE 


CJL\PTER  I 


GOVERNMENT    BY   ELECTIONS 

1.  Sovereignty  of  the  Voters.  —  In  the  government 
of  the  United  States  sovereignty  is  divided  equally 
among  the  qualified  voters  and  it  is  exercised  by  a 
plurality  of  those  who  vote.  The  voters  adopt  prin- 
ciples for  the  guidance  of  the  government  and  they 
choose  men  to  execute  them.    (§  i6.) 

2.  PoUtical  Parties.  —  Political  parties  are  created 
by  differences  of  opinion  among  the  voters  upon  prin- 
ciples or  policies  of  government.  When  these  prin- 
ciples are  broad  and  radically  divergent,  they  lead 
large  numbers  of  voters  to  take  opposing  points  of 
view  regarding  public  questions.  The  application  of 
broad  principles  to  the  immediate  problems  of  govern- 
ment defines  "  party  issues."     (§9.) 

3.  Delegation  of  Power.  —  It  is  impossible  for  the 
people  to  conduct  their  government  individually.  They 
therefore  delegate  their  authority  to  representatives 
whom  they  select  to  act  for  them,  —  some  to  make 


f  ; 

i 


11    ' 

ii    ( 


1. 


«  GOVERNMENT  BY  THE  PEOPLE 

the  laws,  others  to  interpret  them  and  to  punish  dis 
obedience  to  them,  and  others  to  execute  them.    Thes 
are  the  legislative,  judicial,  and  executive  branches  o 
the  government.    All  representatives  of  the  people 
or  office-holders,  are  subject  to  the  fundamental  lav 
as  laid  down  in  the  State  Constitutions,  adopted  bj 
the  direct  vote  of  the  people  and  unchangeable  except 
ing  by  direct  vote,  and  in  the  Federal  Constitution 
which  can  be  changed  only  by  consent  of  the  Legis- 
latures of  two-thirds  of  the  States,  or  after  proposed 
changes  have  been  approved  by  a  two-thirds  vote  of 
both  houses  of  Congress.    Every  public  official  has 
certain  specified  powers  and  duties,  the  limits  of  which 
he  cannot  overstep.    The  delegation  of  authority  is 
confined  to  fixed  periods  and  it  is  subdivided  in  such 
a  manner  that  no  one  official  can  wield  complete  power. 

4.  Elections.  —The  voters  express  their  will  regard- 
ing principles  of  government  and  their  application  by 
means  of  elections.  In  the  same  manner  they  choose 
their  representatives  to  conduct  the  details  of  the  gov- 
ernment in  accordance  with  the  principles  which  they 
desire  to  prevail.  Practically  all  the  States  prescribe 
that  elections  shall  be  by  ballot. 

5.  Professional  Politicians.  —  As  a  result  of  the 
system  of  delegating  authority  to  public  officials  to 
conduct  the  details  of  government,  there  sprang  up  a 


GOVERNMENT  BY  ELECTIONS  3 

class  of  men  who  made  it  their  business  to  seek  this 
authority.    In  ordinary  phrase,  these  men  are  known 
as    "  professional    politicians "    or    "  office-seekers." 
They  are  actuated  mainly  by  a  desire  to  make  a  living 
in  the  public  service  or  perhaps  to  acquire  wealth  by 
the  exercise  of  the  power  which  has  been  intrusted  to 
|them  or  which  they  usurp,  and  for  this  reason  the  title 
Jof  "politician"  has  become  more  or  less  a  term  of 
Ireproach.    Their  field  of  activity  is  as  much  a  profes- 
sion as  the  practice  of  medicine  or  the  law,  and  it  usu- 
ally requires  an  equal  amount  of  training  and  special 
knowledge. 

6.  The  Political  Machine.— The  "political  Machine" 
I  must  be  distinguished  from  the  political  party.    The 
1  theoretical  purpose  of  the  Machine  is  to  organize  the 
I  adherents  of  a  party  so  that  their  full  strength  may  be 
exerted  in  behalf  of  the  principles  which  they  maintain. 
I  Its  actual  purpose  in  many  cases  is  to  obtain  and  con- 
trol for  the  profit  of  its  members  the  offices  which  carry 
with  them  the  powers  delegated  by  the  voters.    If  it  can 
'get  possession  of  these  powers  in  no  other  way,  it  often 
tries  to  steal  them  by  falsifying  the  will  of  the  voters  as 
expressed  in  the  elections,  and  to  this  end  it  does  not 
hesitate  to  resort  to  fraud,  briber)-,  and  intimidation. 
The  main  purpose  of  the  election  laws,  aside  from  pro- 
viding a  method  of  voting,  is  to  prevent  this  falsification. 


pi 


111 


fl 


4  GOVERNMENT  BY  THE  PEOPLE 

7.  Eyili  of  the  Election  Syitem.  —  Under  the  elec- 
tion system  as  it  existed  during  almost  the  whole  of  the 
last  century,  there  was  comparatively  little  legal  regu- 
lation of  the  method  by  which  the  voters  expressed 
their  will  at  the  polls. 

There  was  no  secrecy  in  voting.  Ballots  were  pre- 
pared by  the  various  parties  at  their  uwn  expense  and 
each  party  had  a  separate  ballot  which  might  be  printed 
on  any  kind  of  paper,  so  tha^  even  when  folded  its  out- 
ward appearance  clearly  indicated  its  contents. 

The  dominant  party  appointed  a  majority  of  the  elec- 
tion officials  and  thus  controlled  the  casting  and  count- 
ing of  the  ballots. 

There  was  no  means  of  identifying  the  voters,  and 
the  registry  lists  were  filled  with  fictitious  names. 

Party  "workers"  were  permitted  to  accompany  vot- 
ers to  the  polls  and  to  prepare  their  ballots  for  them. 

The  ballots  were  distributed  by  unofficial  Machine 
agents  in  and  around  the  polling  places. 

The  party  "workers,"  plentifully  supplied  with  money, 
stationed  themselves  in  the  saloons,  which  were  every- 
where permitted  to  remain  open,  and  bought  votes 
either  with  liquor  or  with  cash  withou  pretence  of 
conceahnent. 

The  "heeler"  marched  the  purchased  voter  to  the 
polls,  watched  him  deposit  his  ballot,  and  saw  that  he 


r 


GOVERNMENT  BY  ELECTIONS 


received  the  price  agreed  upon,  —  usually  two  or  three 
dollars. 

Organized  gangs  of  "repeaters"  were  led  from  one 
polling  place  to  another  to  vote  upon  fictitious  names, 
♦he  names  of  dead  men,  and  even  upon  the  names  of 
a^  ual  voters  who  had  not  yet  cast  their  ballots. 

"Tissue  ballots,"  printed  upon  thin  paper,  were 
folded  together  and  placed  in  the  box  as  one  ballot. 
This  was  known  as  "stuffing." 

Party  adherents  often  formed  in  line  at  the  polling 
place  on  pretence  of  waiting  tc  *>'  and  held  their  posi- 
tions until  the  polls  had  closed  so  as  to  prevent  the 
opposition  from  voting  at  all. 

The  police,  controlled  by  the  dominant  party,  be- 
came its  accomplice  instead  of  enforcing  the  law. 
The  policemen  stationed  at  the  polls  permitted  voters 
to  be  beaten  and  driven  away  and  murder  was  not  infre- 
quent. Gangs  of  roughs  were  regularly  employed  for 
this  branch  of  the  work. 

After  the  polls  had  closed,  the  supporters  of  the  domi- 
nant party  took  possession  of  them,  excluding  everybody 
else,  and  made  the  count  what  they  pleased,  destroying 
ballots  and  forging  false  returns. 

As  soon  as  the  ballots  had  been  "counted,"  they  were 
used  to  feed  the  bonfires  of  the  victors,  thus  removing 
the  evidence  which  might  have  betrayed  the  fraud. 


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6  GOVLRNMENT  BY  THE  PEOPLE 

By  the  employment  of  such  criminal  practices  the 
result  of  the  election  as  oflficially  announced  was  often 
perverted  to  the  extent  of  many  thousands  of  votes. 
In  addition,  the  party  name  and  organization  were 
usurped  and  held  by  the  "boss,"  who  was  thus  enabled 
to  perpetuate  his  own  power. 

Caucuses  to  elect  party  officials  and  to  choose  dele- 
gates to  party  conventions  were  held  in  secret  places 
without  notice  to  ihe  party  voters.  These  secret  cau- 
cuses elected  only  the  adherents  of  the  "boss"  to  the 
places  of  party  power  and  honor  and  chose  delegates 
who  would  be  obedient  to  him.  If,  by  any  chance, 
delegates  opposed  to  the  "boss"  were  chosen  to  attend 
a  party  convention,  a  nod  from  him  was  sufficient  to 
cause  them  to  be  unseated  and  ejected. 

8.  Measures  to  prevent  Fraud.  —  Each  of  the  main 
features  of  the  el.ction  laws  which  have  now  been 
adopted  in  neariy  all  the  States  is  intended  to  prevent 
one  or  more  of  the  fraudulent  methods  for  thwarting 
the  will  of  the  voters  that  were  practised  under  the  Oid 
system  of  voting.  The  complexity  of  tliese  laws  is  due 
to  the  difficulty  of  precluding  fraud  without  depriving 
any  person  of  the  right  to  vote  who  is  entitled  to  do 
so.  They  are  the  result  of  a  revolt  against  trickery 
that  began  about  twenty  years  ago.  Changes  in  the 
laws  are  constantly  being  made  m  the  .arious  States, 


GOVERNMENT  BY  ELECTIONS 


and  experiments  tried  in  one  State  with  good  results 
are  gradually  adopted  by  others.  These  reforms  have 
usually  encountered  the  strenuous  opposition  of  the 
Machines. 

9.  The  Party  and  the  Machine. —  In  studying  the 
election  system  it  is  important  always  to  keep  in  mind 
the  fact  that  the  political  Machine  is  distinct  from  and 
subordinate  to  the  party.    Parties  govern  the  country 
and  Machines   seek   to   administer   the   government. 
The  Machine  is  necessary  in  so  far  as  it  organizes  the 
party  and   maintains  discipline   in  the   ranks.    The 
Machine  in  one  sense  is  a  parasite  upon  the  party,  since 
it  thrives  upon  the  party  strength;  but  when  the  Ma- 
chine obtains  complete  possession  of  the  party,  it  quickly 
saps  the  party  vitality  and  the  Machine  then  starves  to 
death.    Therefore,  if  the  party  vigor  is  to  be  main- 
tained, the  Machine  must  remain  in  subjection.    That 
portion  of  the  election  laws  which  deals  with  party 
organization  makes  it  possible  for  the  voters  of  a  party 
to  curb  and  regulate  their  party  Machine  and  to  com- 
pel it  to  perform  its  proper  function.    The  chief  strength 
of  the  "bosses"  and  the  Machines  lies  in  the  willingness 
of  partisans  to  condone  wrong  in  the  hope  that  good 
may  follow.    The  voter  who  believes  that  the  enforce- 
ment of  certain  principles  is  essential  to  the  welfare  of 
the  Nation  is  prone  to  pardon  deception,  trickery,  and 


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8  GOVERNMENT  BY  THE  PEOPLE 

even  theft  in  elections  if  the  result  is  the  victory  of  the 
political  convictions  which  he  upholds.  This  disposi- 
tion tends  to  foster  and  encourage  moral  laxity  in  politics 
and  to  nullify  the  Islws.     (§  2.) 

10.  PluraUty  and  Majority. -The  will  of  the  people 
is  expressed  by  the  greatest  number  of  voters  who  agree. 
Their  number  need  not  be  a  majority  of  all  the  voters 
taking  part  in  the  election.    Thus,  if  a  Governor  is  to 
be  cliosen  and  of  three  candidates,  one  receives  40,000 
votes  and  each  of  the  others  30,000,  the  candidate'  re- 
ceiving 40,000  votes  is  declared  elected  although  60,000 
voters  have  expressed  their  preference  for  other  candi- 
dates.   He   is   said   to  have  received  a   "plurality" 
of  io,ooo  votes  over  the  next  highest  candidate.    To 
obtain  a  "majority,"  he  must  receive  more  than  half 
of  all  the  votes  cast  in  the  election. 

II.  Indirect  Elections.  —  Elective  offices  are  not 
always  filled  by  the  direct  vote  of  the  voters.  The  high- 
est offices  in  the  national  government,  those  of  the 
President,  the  Vice-President,  and  United  States  Sena- 
tors, are  filled  by  small  bodies  of  men  to  whom  the 
voters  have  delegated  their  power  to  choose. 

12.  Election  and  Appointment.  —Comparatively  few 
of  the  public  offices  are  filled  by  election.  Nearly  every 
public  official  is  empowered  to  appoint  assistants  to 
aid  him  in  the  performance  of  the  duties  of  his  office, 


GOVERNMENT  BY  ELECTIONS  9 

or  to  carry  on  branches  of  the  government  independently 
of  him.  The  number  of  these  assistants,  their  com- 
pensation, and  the  nature  of  their  work  are  usually 
specified  by  law  and  the  method  of  their  appointment 
I  is  regulated  in  the  same  manner.  They  constitute  the 
°  great  body  of  men  and  women  engaged  in  the  public 
or  "civil  "  service. 


i 


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II 


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I 


CHAPTER  II 

QUALIFICATIONS  FOR  VOTINO 

13.  The  Right  to  Vote  not  Inherent.  —The  right  to 
vote  and  to  hold  office  under  the  American  system  of 
government  are  privileges  conferred  by  the  people  and 
not  inherent  rights,  such  as  the  rights  of  freedom  of 
speech  and  of  worship. 

14.  Property  and  Religious  Restrictioiis.  —  When  the 
Federal  Constitution  was  adopted,  a  propeity  or  reli- 
gious qualification  of  voters  was  almost  universal. 
Nine  of  the  thirteen  original  States  imposed  religious 
restrictions.  It  has  been  estimated  that  in  1800  there 
were  150,000  qualified  voters  in  the  United  States  in 
a  total  population  of  5,000,000,  or  i  in  ^^  of  the  in- 
habitants. The  final  abolition  of  the  religious  qualifi- 
cation, which  marked  the  definite  separation  of  Church 
and  State,  took  p'ace  when  Massachusetts  abandoned 
the  restriction  in  1833. 

15.  The  Fifteenth  Amendment.  —The  regulation  of 

the  voting  privilege  was  left  by  the  Federal  Constitu- 

10 


QUALIFICATIONS  FOR  VOTING 


XI 


n 


tion  entirely  to  the  States.  Their  liberty  of  action  was 
not  curtailed  until  the  Fifteenth  Amendment  was 
adopted  in  1 870,  after  slavery  had  been  abolished.  That 
amendment  forbids  any  abridgment  of  the  right  to 
vote  on  account  of  race,  color,  or  previous  condition  of 
servitude.  This  is  the  only  general  limitation  regarding 
voting  imposed  by  the  Nation  upon  the  authority  of  the 

States. 

16.  Restrictions  by  States.  —  Although  the  United 
States  contains  a  population  of  80,000,000,  its  public 
officials  are  elected  and  its  policies  shaped  by  less  than 
14,000,000  voters ;  the  highest  number  of  votes  cast  in 
any  Presidential  election  —  that  of  1896  —  being  below 
that  total.  This  indicates  to  how  great  an  extent  the 
right  to  vote  is  restricted  by  State  laws.    (§1.) 

17.  General  Qualifications  of  Voters.  —  Generally 
speaking,  all  free  white  or  black  citizens  twenty-one  years 
old  may  vote.  The  Chinese  are  expressly  excluded  from 
citizenship  by  acts  of  Congress.  Aliens  are  not  per- 
mitted to  vote  until  they  have  made  formal  application 
before  a  court  for  admission  to  citizenship  and  have 
taken  the  specified  oaths.  In  many  States  they  are  not 
allowed  to  participate  in  the  elections  until  they  have 
become  actual  citizens. 

18.  Natural   Citizens. —Children    of   parents   who 
were  citizens  when  the  children  were  bom  are  cit'- 


lit 


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12 


If 


If  J* 


f 


1) 


GOVERNMENT  BY  THE  PEOPLE 


zens,  regardless  of  whether  the  children  were  bom 
in  this  country  or  abroad.  They  are  known  as 
"natural-born"  citizens.  They  alone  are  eligible  for 
the  Presidency. 

19.  NaturaUzation.  -  Subjects    of    cAer    countries 
may  become  citizens  of  the  United  States  by  naturaliza- 
tion.   Unless  they  are  soldiers  or  sailors  in  the  service 
of  the  United  States,  a  residence  of  five  years  in  this 
country   is   required.    The   applicant    for   citizenship 
must  declare  his  intention  before  a  United  States  Dis- 
trict or  Circuit  Court,  or  in  the  Territories  before  a  Dis- 
trict or  Supreme  Court,  or  in  the  States  before  a  State 
court  of  record  having  a  seal  and  a  clerk  and  jurisdic- 
tion in  actions  at  law  or  equity,  or  law  and  equity,  in 
which  the  amount  in  controversy  is  unlimited.    He 
must  make  oath  before  the  court  in  whose  jurisdiction 
he  resides  that  he  is  at  least  eighteen  years  old  and  that, 
it  is  his  intention  to  become  a  citizen  of  the  United  States 
and  to  renounce  forever  all  allegiance  to  any  foreign 
power  or  potentate,  naming  especially  the  foreign  power 
or  potentate  to  which  or  of  whom  he  is  a  subject. 
In  this  declaration  he  must  set  forth  his  name,  age 
occupation,  personal  description,  place  of  birth,  last 
foreign  residence  and  allegia-i.e,  the  date  of  his  arrival 
m  this  country,  the  name  of  the  vessel  if  any  in  ^hich  he 
came,  and  his  place  of  residence  here.    This  applica- 


f. 


QUALIFICATIONS  FOR  VOTING 


13 


tion  is  duly  recorded  and  the  applicant  receives  a  cer- 
tificate. He  is  then  said  to  have  taken  out  his  "  first 
papers,"  or  to  have  made  his  "declaration." 

20.  Final  Admission.  —  At  the  end  of  two  years  and 
not  more  than  seven  years  after  his  declaration  of  in- 
tention, the  applicant  may  apply  for  full  citizenship, 
provided  he  has  then  lived  for  five  years  in  this  coun- 
try and  can  write  his  own  language  and  can  read 
and  speak  English.  Before  one  of  the  courts  speci- 
fied as  competent  to  receive  his  declaration  of  inten- 
tion, he  must  file  in  duplicate  a  petition,  signed  in  his 
own  handwriting  and  verified.  In  this  petition  he 
must  give  his  full  name,  his  place  of  residence, 
his  occupation,  if  possible  the  date  and  place  of  his 
birth,  the  place  from  which  he  emigrated,  the  date 
and  place  of  his  arrival,  the  name  of  the  ship  which 
brought  him,  the  date,  location,  and  name  of  the  court  in 
which  he  made  his  "declaration" ;  if  married,  the  name 
and  place  of  birth  of  his  wife,  and  her  place  of  residence, 
and  the  name,  residence,  and  date  and  place  of  birth 
of  each  of  his  children.  He  must  swear  that  he  be- 
lieves in  organized  government  and  that  he  does  not  be- 
long to  any  organization  or  body  of  persons  opposing  it, 
and  that  he  is  not  a  polygamist.  He  must  make  oath 
to  support  the  Constitution  and  laws  of  the  United  States, 
and  he  must  solemnly  abjure  all  allegiance  to  every 


if 


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GOVERNMENT  BY  THE  PEOPLE 


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foreign  power,  naming  the  power  to  which  he  was  for- 
merly subject  and  making  oath  that  it  is  his  intention  to 
reside  permanently  here.  He  must  also  lay  aside  all 
titles  of  nobility. 

His  petition  must  be  verified  by  the  afiidavits  of  two 
citizens  of  the  United  States,  who  must  swear  that  they 
personally  have  known  the  applicant  to  have  been  a 
resident  of  the  United  States  for  at  least  five  years 
and  of  the  State,  Territory,  or  District  in  which  the  appli- 
cation is  made  for  at  least  one  year,  and  that  they  know 
him  to  be  of  good  moral  character,  attached  to  the  prin- 
ciples of  the  Constitution,  and  fit  in  their  opinion  to  be 
a  citizen  of  the  United  States.    To  the  petition  must  be 
attached  a  certificate  from  the  United  States  Depart- 
ment of  Commerce  and  Labor  stating  the  time  and  place 
of  the  applicant's  arrival  in  this  country  and  a  duplicate 
of  his  declaration  of  intention  to  become  a  citizen.    As 
soon  as  the  petition  has  been  filed,  the  clerk  of  the  court 
is  required  to  post  it  in  a  public  place  with  the  names  of 
the  witnesses  on  behalf  of  the  applicant.    Final  action 
cannot  be  taken  upon  a  petition  until  ninety  days  after 
it  has  been  filed.    In  no  case  can  naturalization  be 
granted  within  thirty  days  before  any  general  election 
in  the  territorial  jurisdiction  of  the  court.    Upon  ad- 
mitting an  alien  to  citizenship  the  court  may  permit 
him  to  change  his  name.    Aliens  who,  although  physi- 


QUALIFICATIONS  FOR  VOTING 


15 


'4 


cally  able,  cannot  speak  the  English  language,  are 
excluded  from  citizenship  unless  they  have  made  home- 
stead entries  on  the  public  lands  and  have  complied 
with  the  law  governing  such  entries.  All  final  hearings 
on  naturalization  must  be  held  in  open  court  before  a 
judge  of  the  court,  and  all  final  orders  must  be  entered 
in  full  upon  the  records  of  the  court.  A  duplicate  of 
all  certificates  of  naturalization  and  a  certified  copy 
of  all  petitions  refused  must  be  forwarded  by  the  clerk 
of  the  court  to  the  Bureau  of  Immigration  and  Natu- 
ralization of  the  United  States  Department  of  Com- 
merce and  Labor.  The  clerk  of  the  court  may  collect 
a  fee  of  one  dollar  for  receiving  and  filing  a  declara- 
tion of  intention  and  issuing  a  duplicate;  he  may 
charge  a  fee  of  two  dollars  for  receiving  a  petition  for 
final  admission  and  for  the  final  hearing  thereon;  and 
a  fee  of  two  dollars  for  entering  the  final  order  and 
issuing  the  final  certificate.  Thus  an  alien  is  required 
to  pay  fees  amounting  to  five  dollars  before  he  can 
become  a  citizen. 

When  a  certificate  of  naturalization  appears  to 
have  been  fraudulently  granted  or  held,  the  United 
States  District  Attorney  having  jurisdiction  must 
begin  a  suit  for  its  cancellation.  The  removal  of  a 
naturalized  citizen  to  a  foreign  country  and  his  resi- 
dence there  for  five  years  must  be  deemed  prima  facie 


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GOVERNMENT  BY  THE  PEOPLE 


evidence  of  his  lack  of  intention  to  become  a  perma- 
nent citizen,  and  it  constitutes  ground  for  the  can- 
cellation of  his  naturalization  certificate.  The  law 
makes  careful  provision  for  the  keeping  of  records 
of  all  naturalization  proceedings. 

ai.  Special  Cases.  —  Any  alien  twenty-one  years  old 
who  has  enlisted  in  the  United  States  army  and  has 
received  an  honorable  discharge  may  be  admitted  to 
citizenship  after  a  residence  in  this  country  of  one  year. 
If  he  has  served  for  five  years  in  the  United  States  navy 
or  in  the  Marine  Corps  and  has  been  honorably  dis- 
charged, he  may  become  a  citizen  without  previous 
declaration  of  his  intention.  Sailors  who  have  declared 
their  intention  to  become  citizens  and  who  have  subse- 
quently served  three  years  in  a  United  States  merchant 
vessel  may  be  admitted. 

23.  Women  and  Minors.  —  A  wife  may  become  a 
citizen  when  her  husband  is  naturalized  unless  there 
'     a  legal    bar    to   her  admission.    Children    under 


IS 


twenty-one  years  of  age  residing  in  this  country 
become  citizens  when  their  parents  are  naturalized. 
Aliens  who  have  lived  for  three  years  in  the  United 
States  before  reaching  the  age  of  twenty-one,  and 
who  have  resided  in  this  country  continuously  for  five 
years  including  the  three  years  of  their  minority, 
may  be  admitted  to  citizenship  upon  making  oath 


QUALIFICATIONS  FOR  VOTING 


n 


that  for  two  years  before  their  application  for  admis- 
sion it  had  been  their  intention  to  become  citizens. 
This  enables  them  to  obtain  admission  without  taking 
out  "first  papers."  All  naturalization  is  under  the 
general  super\'ision  of  the  Bureau  of  Immigration 
and  Naturalization  of  the  United  States  Department 
of  Commerce  and  Labor. 

23.  Inhabitants  of  Colonies.  —  Inhabitants  of  terri- 
tory annexed  to  the  United  States  may  be  admitted  to 
citizenship  by  act  of  Congress.  The  inhabitants  of 
Hawaii  have  been  thus  admitted,  while  those  of  Porto 
Rico  and  the  Philippines  have  not. 

24.  Punishment  for  Fraud.  —  Forgery  or  counter- 
feiting of  a  certificate  of  naturalization  is  punishable 
by  inT^risonment  for  not  more  than  ten  years,  or  a  fine 
of  not  more  than  $10,000,  or  both.  The  fraudulent 
issuance  of  a  certificate  is  punishable  by  imprisonment 
for  not  more  than  five  years,  or  a  fine  of  not  more  than 
$5000.  Possession  of  a  blank  certificate  with  intent  to 
use  it  unlawfully  is  punishable  by  imprisonment  for 
not  more  than  five  years  or  a  fine  of  not  more  than 
$1000.  The  false  certification  of  any  papers  law- 
fully required  to  be  executed  in  connection  with 
naturalization  is  punishable  by  imprisonment  for  not 
more  than  five  years  or  a  fine  of    not  more  than 

$5000.    Any  person  who  procures   or  who  aids   or 
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advises  in  procuring  a  fraudulent  naturalization  or 
who  swears  falsely  to  any  material  fact  is  punishable 
by  imprisonment  for  not  more  than  five  years  or  a 
fine  of  $5000,  or  both,  and  the  certificate  is  declared 
void.  All  prosecutions  must  be  begun  within  five 
years  of  the  granting  of  the  certificate  to  .  xich 
they  relate.     (§§  245-246.) 

as.  Aliens  in  the  Population.  —  How  great  a  propor- 
tion of  the  population  is  composed  of  aliens  is  indicated 
by  the  fact  that  the  enumeration  of  the  inhabitants 
of  New  York  State,  taken  in  1905,  disclosed  7,062,988 
citizens  and  1,004,320  aliens,  most  of  whom  were  found 
in  New  York  City. 

26.  Mens  as  Voters.  —  In  many  of  the  States,  espe- 
cially in  the  Wost,  the  right  to  vote  is  conferred  t..>jn 
aliens  who  have  declared  their  intention  to  become  citi- 
zens and  have  taken  out  their  "first  papers."  In  the 
remaining  States  the  ballot  is  restricted  to  actual  citizen- 
ship.   (§50.) 

27.  Early  Sentiment  on  the  Right  to  Vote. —An  eariy 
indication  of  sentiment  regarding  the  persons  who  might 
be  allowed  to  participate  in  the  elections  was  given  when 
the  bUl  admitting  the  Louisiana  Territory  to  the  Union 
was  enacted  in  181 1.  As  passed  by  the  House  of  Rep- 
resentatives the  bill  admitting  the  Territory  provided 
for  the  election  of  a  convention  to  frame  a  State  Con- 


5^  i 


QUALIFICATIONS  FOR  VOTING 


19 


stitutJon,  the  delegates  to  be  chosen  by  the  free,  male 
taxpaying  citizens  of  the  Territory.  The  Senate  added 
an  amendment  confining  the  vote  to  white  men,  but  the 
House  refused  to  agree  to  this  and  the  Senate  finally 
gave  way. 

38.  Extension  of  the  Voting  Privilege.  —  In  the  be- 
giiming  the  Federalist  tendencies  of  the  North  inclined 
that  portion  of  the  country  to  the  restriction  of  the  vot- 
ing privilege,  while  the  Democratic  doctrines  of  the 
South  favored  its  extension.  This  condition  was  re- 
versed to  a  large  extent  by  the  abolition  of  slavery. 
The  restrictions  of  the  North  have  been  diminished, 
while  the  South  has  adopted  many  new  limitations  to 
exclude  its  former  slaves  from  the  suffrage  and  to  prevent 
them  from  controlling  its  elections. 

29.  Voters  must  be  Residents.  —  Every  State  requires 
a  fixed  residence  within  its  limits  for  a  certain  specified 
time  before  it  permits  an  inhabitant  to  vote.  This 
regulation  is  designed  to  restrict  the  ballot  to  voters  who 
have  an  actual  interest  in  the  result  of  the  election  and 
to  prevent  the  voters  of  one  State  or  political  division 
from  moving  into  another  State  or  political  division  in 
such  numbers  as  to  control  its  affairs.  Such  invasions 
are  known  as  "  colonization." 

30.  Few  Restrictions  in  the  West. —  In  the  com- 
paratively new  States  of  the  West  which  came  into  exist- 


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20 


GOVERNMENT  BY  THE  PEOPLE 


ence  when  the  theory  of  universal  suffrage  had  been 
more  generally  accepted  than  it  was  in  the  beginnings 
of  the  Republic,  there  are  fewer  restrictions  upon  the 
ballot  than  in  the  East  and  South.  The  period  of  resi- 
dence required  is  shorter,  aliens  are  more  generally 
allowed  to  vote,  and  in  four  States  —  Utah,  Colorado, 
Wyoming,  and  Idaho  — women  are  permitted  to  vote 
on  equal  terms  with  men  in  all  elections. 

31.  Disfranchisement  for  Crime  and  Disability. 

Nearly  all  the  States  exclude  specifically  from  the  vot- 
ing privilege  persons  of  unsound  mind  and  persons 
who  have  been  convicted  of  a  felony.  The  disability 
for  such  a  conviction  continues  after  the  culprit  has 
served  his  prison  sentence  and  as  long  as  he  lives 
unless  it  is  legally  removed  by  executive  or  legisla- 
tive action.  JMany  States  specify  election  fraud,  the 
betrayal  of  a  public  financial  trust,  and  betting  on 
the  result  of  the  elections  as  causes  for  the  forfeiture 
of  the  right  to  vote. 

32.  Women  and  the  Ballot.  —  In  a  large  number  of 
the  States  women  are  permitted  to  vote  in  school  elec- 
tions on  equal  terms  with  men,  on  the  theory  that  their 
participation  in  school  elections  will  tend  to  take 
the  schools  out  of  politics.  In  a  few  of  the  States 
women  who  pay  taxes  may  vote  on  questions  volving 
the  raising  of  money  for  local  public  uses. 


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.  1^> 


QUALIFICATIONS  FOR  VOTING 


31 


33.  Variation  in  State  Laws.  —  In  no  two  States 
I  of  the  Union  are  the  lav/s  r-  j-.^nUnt^  the  qualifications 
I  of  voters  exactly  alike.  A  brief  slaterner;t  of  State  regu- 
1  lation  of  the  voting  privile^t  vill  be  found  in  an  appen- 
V  dix.    (Appendix  I.) 


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CHAPTER  III 

IDENTIFICATION   OF   VOTERS 

34.  Prevention  of  Repeating.  —  Nearly  all  the  States 
seek  to  provide  for  the  identification  of  voters  by  com- 
pelling the  registration  of  their  names  in  communities 
where  the  residents  are  not  personally  known  to  one 
another.  This  identification  is  intended  to  prevent 
the  same  person  from  voting  more  than  once  in  an 
election,  or  "repeating,"  and  to  insure  an  opportunity 
for  an  examination  to  asceiain  whether  a  voter  really 
possesses  the  qualifications  required  to  entitle  him  to 
vote. 

35.  Registration.  —  Some  of  the  States  compel  the 
voter  to  register  his  name  in  person  before  each  election; 
others  permit  the  registration  lists  to  be  copied  from 
one  election  to  another,  only  new  voters  being  com- 
pelled to  register  in  person.  The  theory  which  forms 
the  basis  of  most  election  laws  is  that  in  the  country 
the  voters  are  so  well  acquainted  with  one  another 
that  there  is  no  need  for  identification  or  inquiry  when 
one  of  them  presents  himself  at  the  polls,  while  in 
cities  and  large  towns  there  must  be  identification 

33 


IDENTIFICATION   OF  VOTERS 


23 


and  inquiry  in  order  to  prevent  fraud.  Whc  a  voter 
possesses  the  general  qualifications  for  voting  which 
are  prescribed  by  the  State  in  which  he  lives,  such 
as  citizenship  and  length  of  residence,  he  must  sec  that 
his  name  is  placed  on  the  "registration  list,"  which 
is  supposed  to  contain  the  names  of  all  persons  who 
are  entitled  to  participate  in  the  election.  If  he  lives 
in  a  community  where  annual  personal  registra- 
tion is  required,  his  vote  will  be  rejected  on  election 
day  unless  he  appears  in  person  before  the  election 
officials  on  one  of  the  registration  days,  demonstrates 
his  right  to  vote,  and  has  his  name  entered  on  the  list. 
Elsewhere  he  may  have  his  name  included  in  the  list 
by  requesting  one  of  tiie  election  officials  to  place  it 
there,  or  he  may  register  in  person. 

36.  Completion  of  the  Lists.  — The  registration 
lists  must  be  completed  before  the  election  in  time  to 
permit  the  officials  or  any  citizen  to  make  inquiry 
concerning  any  voter  who  has  registered  so  that  in 
case  it  is  found  that  a  person  has  registered  who  is 
not  legally  qualified  to  vote,  he  may  be  prevented 
from  casting  his  ballot.  The  requirements  of  the 
personal  registration  laws  usually  compel  a  more  or 
less  detailed  description  of  the  voter  vvhich  is  intended 
to  render  it  impossible  for  any  other  person  success- 
fully to  impersonate  him. 


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24 


GOVERNMENT  BY  THE  PEOPLE 


37.  Voting  Districts  and  Precincts.  —  For  conven- 
ience in  registration  and  voting,  the  civil  divisions  of 
each  State  are  divided  into  "election  districts"  or 
"election  precincts,"  containing  as  nearly  as  may  be 
an  equal  number  of  voters.  The  laws  of  New  York 
State,  for  example,  direct  that  there  shall  be  about 
SCO  voters  in  each  election  district.     (§§  42,  90.) 

38.  Boards  of  Registration.  —  In  each  of  these 
voting  districts  there  is  a  polling  place  in  which  the 
ballots  are  cast  on  election  day  and  which  also  serves 
as  the  place  of  registry  for  voters.  A  board  of  registra- 
tion in  which  both  the  great  national  parties  are  rep- 
resented is  placed  in  charge  of  every  polling  place. 
It  is  the  duty  of  this  board,  which  is  composed  of  the 
inspectors  of  election,  to  record  the  names  of  voters 
who  present  themselves  for  registration.  (§§  151- 
154,  I57-) 

39.  Election  Day.— In  nearly  all  the  States  the 
election  day  for  "general  elections,"  or  elections  in 
which  all  the  voters  in  the  State  participate,  falls  on 
the  Tuesday  following  the  first  Monday  in  November. 
(§§   144-146.) 

40.  Wew  York  Law  Typical.— As  all  registration 
laws  are  alike  in  their  main  features,  practical  under- 
standing of  the  general  system  of  registration  may  be 
obtained  from  an  examination  of  the  New  York  State 


IDENTIFICATION  OF  VOTERS 


25 


iS 


law.  While  still  subject  to  many  objections  and  criti- 
cisms, this  law  embodies  the  theory  upon  which  all 
the  registration  laws  in  this  country  are  based. 

41.  Notice  of  Elections.  —Three  months  before 
each  general  election  in  New  York  State,  the  Secretary 
of  State  is  required  to  issue  a  notice  of  the  date  of  the 
election,  with  a  list  of  all  officials,  excepting  city, 
village,  or  town  officials,  who  are  to  be  elected.  He 
must  send  a  copy  of  this  notice  to  each  county  clerk, 
who  must  add  to  it  a  list  of  the  city,  village,  or  town 
officers  who  are  to  be  voted  for  and  cause  it  to  be 
published  for  the  information  of  the  voters  at  least 
once  a  week  until  election  day. 

42.  Advertisement  of  Districts.  —  Every  town,  or 
ward  of  a  city,  containing  not  more  than  400  voters 
constitutes  an  election  district.  When  the  number 
of  voters  exceeds  600,  the  town  or  ward  must  be  sub- 
divided. Excepting  in  the  cities  of  New  York  and 
Buffalo  the  basis  of  voting  population  for  each  dis- 
trict is  400,  although  in  regions  having  a  scattered 
population,  the  number  may  be  less.  In  New  York 
City  and  Buffalo  each  district  must  contain  as  nearly 
as  possible  500  voters.  Election  districts  must  lie 
wholly  within  town  or  city  limits  and  must  not  be 
divided  by  the  lines  of  the  political  subdivisions  of 
citie.,  such  as  Aldermanic,  Senate,  or  Assembly  Dis- 


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26  GOVERNMENT  BY  THE  PEOPLE 

tricts.    Maps  of  the  boundaries  of  each  district  must 
be  advertised  on  registration  days,  together  with  a 
list  of  the  polling  places  in  which  the  boards  of  regis- 
tration are  to  sit.     Through  these  official  advertise- 
ments every  voter  may  become  familiar  with  the  offices 
which  are  to  be  filled,  the  election  district  in  which  he 
lives,  and   the   location  of  the  place  of   registration 
where  he  must  record  his  name  if  he  intends  to  vote. 
43.  Election   Officers.  — In    each    election    district 
there  must  be  four  election  inspectors,  two  poll  clerks, 
and  two  ballot  clerks.    They  are  appointed  by  the' 
local  authorities  upon  the  nomination  of  the  regular 
committees  of  the  two  great  parties,  between  which 
they  are  equally  divided.    In  New  York  City  there 
are  more  than  11,000  of  these  inspectors  and  clerks. 
(§§  151-154,  I57-) 

44.  Days  of  Registration.  —  Personal  registration 
is  required  -'.i  all  the  cities  of  the  State  and  in  all  vUlages 
having  5000  inhabitants.  Elsewhere  the  lists  of  regis- 
try are  copied  from  year  to  year  by  the  election  officials. 
There  are  four  days  of  registration  wherever  personal 
registration  is  required;  elsewhere  two  days.  In  the 
larger  cities  the  boards  of  registration  sit  from  seven 
o'clock  in  the  morning  until  ten  o'clock  at  night;  in 
the  smaller  cities  and  in  villages  they  sit  from  eight 
o'clock  in  the  morning  until  nine  o'clock  at  night. 


^  : 


IDENTIFICATION  OF  VOTERS 


27 


45.  Appointment  of  Watchers.  —  Every  political 
organization  that  is  entitled  to  nominate  candidates 
to  be  voted  for  in  the  election  may  have  two  authorized 
representatives  who  n^-e  known  as  "watchers"  at  each 
place  of  registration  while  it  remains  open,  and  they 
are  entitled  to  see  all  that  is  done  there. 

46.  How  Voters  Register.  —  Each  of  the  four  in- 
spectors of  election  is  provided  with  a  registration 
book,  the  pages  of  which  are  lettered  for  the  alpha- 
betical entry  of  the  names  of  voters  and  ruled  off  into 
twenty  columns.  When  a  voter  desires  to  register 
where  personal  registration  is  required,  he  presents 
himself  before  the  board  of  registration  of  the  election 
district  in  which  he  lives  upon  one  of  the  specified 
days  for  registration.  He  is  asked  by  the  inspectors 
to  give  his  name,  which  is  entered  in  the  second  and 
third  columns  of  a  page  bearing  the  appropriate  letter; 
the  street  and  street  number  of  his  residence  are  en- 
tered in  the  fourth  and  fifth  columns;  the  floor  or 
room  which  he  occupies  in  the  sixth;  his  age  in  the 
seventh;  the  length  of  his  residence  in  the  State, 
county,  and  the  election  district  in  the  eighth,  ninth, 
and  tenth;  the  name  of  the  State  or  country  in  which 
he  was  born  in  the  eleventh;  the  date  of  his  naturaliza- 
tion, if  he  is  a  naturalized  citizen,  in  the  twelfth;  the 
designation  of  the  court  which  naturalized  him  in  the 


tm 


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28  GOVERNMENT  BY  THE  PEOPLE 

thirteenth;  the  State,  city,  or  town  and  the  address 
from  which  he  last  registered  or  voted  in  the  fourteenth, 
fifteenth,  sixteenth,  and  seventeenth;  and  in  the  eigh- 
teenth, the  date  of  his  registration.  The  nineteenth 
column  is  left  blank  to  receive  the  number  of  the  ballot 
which  he  votes  on  election  day  and  the  twentieth  is 
reserved  for  the  entry  of  any  material  facts  relating 
to  challenges  or  oaths.  In  the  first  column  numbers 
are  entered  indicating  the  successive  order  of  the 
appearance  of  the  voters  before  the  registration  board 
(§  I7I-) 

47.  Punishment  for  lUegal  Registration.  —  From 
the  details  thus  entered  in  the  registration  books  it 
may  be  ascertained  whether  the  person  registered  is 
actually  qualified  to  vote.  A  false  oath  taken  before 
a  board  of  registration  is  punishable  as  "wilful  and 
corrupt  perjury." 

48.  ChaUenge  of  Voters.  -  Any  qualified  voter  or 
watcher  may  question  or  "challenge"  the  right  of  any 
person  to  have  his  name  placed  on  the '  registration 
list.  When  a  challenge  is  made,  the  chairman  of  the 
board  of  registration  must  place  the  person  challenged 
under  oath  and  put  to  him  a  series  of  questions  con- 
tained in  a  "challenge  affidavit,"  upon  which  his 
answers  must  be  recorded  in  writing  after  each  question. 
These  inquiries  cover  every  point  involving  the  right 


IDENTIFICATION  OF  VOTERS 


29 


li 


■f 


^ 


0^  the  applicant  to  vote,  and  they  compel  him  to  give 
additional  information  that  may  aid  in  his  identifica- 
tion, such  as  whether  he  is  married  or  single,  where 
his  family  lives,  what  is  his  occupation,  and  the  location 
of  his  place  of  business.  When  the  answers  have 
been  filled  in,  the  applicant  must  sign  the  affidavit, 
making  oath  that  it  is  true,  and  the  inspector  must 
add  to  it  a  personal  description  of  the  applicant,  in- 
cluding his  height,  weight,  the  color  of  his  hair,  and 
any  distinguishing  marks  that  may  be  noticeable. 

49.  Registration  after  Challenge.  —  If  the  board 
of  registration  is  satisfied  after  this  examination  that 
the  applicant  is  entitled  to  vote,  his  name  must  be 
entered  upon  the  register;  but  if  he  refuses  to  make 
the  required  affidavit  or  if  his  answers  show  that  he 
is  not  duly  qualified  to  vote,  he  cannot  be  registered. 

50.  Proof  of  Naturali;  ition.  —  Every  naturalized 
citizen  may  be  required,  before  his  name  is  registered, 
to  produce  his  naturalization  papers  or  a  certified 
copy  of  them.  If  he  is  unable  to  do  so,  his  name 
may  still  be  registered  if  he  can  convince  the  board  of 
inspectors  that  he  is  entitled  to  vote. 

51-  Persons  excluded  from  Registration.  —  In  New 
York  State,  as  in  most  other  States,  no  person  who  is 
concerned  directly  or  indirectly  in  giving  or  receiving 
a  bribe  for  registering  or  refraining  from  registering, 


m 


3©  GOVERNMENT  BY  THE  PEOPLE 

or  voting  or  refraining  from  voting,  is  entitled  to  reg- 
ister.   No  person  who  is  directly  or  indirectly  inter- 
ested in  any  wager  upon  the  result  of  the  election  has 
any  right  to  register  or  vote.    All  pr  rsons  who  have 
been  convicted  of  a  felony  are  excluded   from  the 
privilege  of  registering  or  voting  unless  they  have  been 
restored  to  the  rights  of  citizenship.    No  person  may 
register  or  vote  unless  he  has  been  a  resident  of  the 
State  for  one  year,  of  the  county  for  six  months,  and 
of  the  election  district  for  thirty  days  before  election 
day.    (§§  29,  31,  178.) 


CHAPTER  IV 

THE   PRIMASY  ELECTION 

Sa.  Purpose  of  the  Primary.  —The  "Primary  Elec- 
tion" is  a  meeting  of  political  partisans  to  select  their 
candidates  for  ofl5ce  and  to  choose  the  committees  by 
which,  at  least  in  theory,  their  party  organization  is 
governed.    (§  m.) 

53.  Foundation  of  Party  Organization.  —The  pro- 
cesses of  the  election  are  set  in  motion  by  the  Primary, 
which  is  the  basis  of  both  representative  and  party 
government.  The  Primary  originated  in  meetings 
of  qualified  voters  to  determine  who  should  be  nomi- 
nated for  the  offices  which  were  to  be  filled.  These 
meetings  resulted  in  the  union  of  men  who  held  the  same 
opinions  and  in  their  organization  to  bring  about  the 
election  of  their  candidates.  Thus  was  laid  the  founda- 
tion of  the  party  Machine.     (§  102.) 

54.  The  Colonial  Caucus. —  When  the  right  to 
choose  their  own  local  officials  was  granted  to  the 
American  colonists  before  the  Revolution,  these  officials 
were  usually  elected  in  a  general  assemblage  of  the 

31 


it 


n 


3* 


GOVERNMENT  BY  THE  PEOPLE 


voters  in  a  town  meeting.  It  became  customary 
for  a  few  of  the  leading  men  of  the  town  to  hold  a 
"caucus"  before  the  election  to  decide  whom  they 
would  support  for  the  offices  that  were  to  be  filled. 
Their  unity  of  purpose  and  activity  generally  resulted 
in  the  election  of  their  ticket  in  the  tow.i  meeting. 

55.  Origin  of  the  Caucus.  —There  is  a  dispute  re- 
garding the  origin  of  the  word  "caucus,"  but  it  is 
recorded  that  Samuel  Adams,  who  was  a  shipbuilder 
in  Boston,  was  accustomed  to  call  his  workmen  to- 
gether before  an  election  to  decide  upon  candi- 
dates. The  workmen  were  known  from  their  occupa- 
tion as  "calkers,"  from  which  the  word  "caucus" 
is  said  to  have  been  derived.  It  was  a  matter  of 
pride  with  the  colonists  to  justify  their  claim  to  the 
right  of  self-government  by  filling  the  local  offices 
with  men  of  ability  and  good  standing.  "Patriotic 
Societies"  were  formed  to  see  that  this  was  done, 
and  the  organization  known  as  Tammany  Hall 
started  as  one  of  these  societies. 

56.  Opposition  to  the  Caucus.  —  In  the  early  years  of 
the  Republic,  before  party  organization  was  developed, 
the  caucus  was  jealously  opposed,  and  it  had  far  less 
binding  power  than  it  has  since  attained.  During 
the  six  years  from  1795  to  1801  the  Republicans  held 
only  two  caucuses.    In  each  instance  the  party  was 


THE  PRIMARY  ELECTION  33 

divided  and  the  minority  was  left  free  to  vote  as  it 
pleased.  Tiie  Federalists  held  a  caucus  in  1797  on 
the  question  of  declaring  war  against  France  and 
decided  against  the  declaration.     (§  loi.) 

57.  Caucus  and  Primary.  —  With  the  development 
of  parties,  the  caucus  became  more  and  more  a  meeting 
of  party  representatives  in  legislative  bodies  to  deter- 
mine questions  of  policy,  its  decisions  acquiring  the 
sacredness  of  party  authority.  The  word  is  now 
generally  used  to  designate  such  meetings,  while  the 
term  "Primary"  is  applied  to  meetings  of  voters  with 
party  affiliations. 

58.  Function  of  the  Primary.  —  It  is  the  function 
of  the  Primary  to  elect  delegates  to  party  conventions, 
which  are  called  to  nominate  candidates  for  office  and 
to  frame  "platforms"  embodying  the  principles  of 
the  party.  They  also  choose  delegates  to  party  com- 
mittees which  are  authorized  to  act  in  the  name  of 
ihe  party  wnich  they  represent.  Therefore  if  a  voter 
aesires  to  insure  the  nemination  of  worthy  candidates 
ior  office  or  :xs  isul-  certain  that  his  party  organization 
i-  controiaei  bv  :m^  ^ho  wHl  use  it  for  the  advance- 
meni  of  ^  irnrn-^^  _n  which  he  believes  instead  of 
itn-  asmm  ar  ^tEm  purposes,  he  must  take  part  in 
t  it  Ptrimaias.  itar  tnese  the  character  of  both  candidates 
-~iu  party   aiaaageioeiit  is  decided.     (§§  300-305.) 


1 


w^sm 


34 


GOVERNMENT  BY  THE  PEOPLE 


h'  f 


59.  The  Primary  and  ihc  "Boss." — The  power  of 
the  political  "boss"  depends  upon  his  ability  to  control 
the  Primaries  and  through  that  control  to  fill  the  offices 
with  men  of  his  own  choosing  who  will  be  subservient 
to  him.  By  controlling  the  Primaries,  the  "boss" 
takes  possession  of  the  party  organization,  makes  his 
own  nominations,  dictates  who  shall  be  appointed  to 
offices  that  are  to  be  filled  by  appointment  after  his 
obedient  candidates  have  been  elected,  and  compels 
legislatures  and  public  officials  to  do  his  bidding, 
trafficking  through  them,  if  he  is  dishonest,  in  the 
public  property,  which  he  may  dispose  of  as  freely  as 
though  it  were  his  own. 

60.  Primary  Laws.  —  It  was  to  curb  this  power, 
so  often  flagrantly  abused,  that  laws  were  passed  to 
regulate  the  Primaries  and  to  give  party  voters  a  fair 
chance  to  take  the  management  of  their  party  organiza- 
tions and  the  nomination  of  theu-  candidates  into  their 
own  hands.  Until  within  recent  years  there  were  no 
laws  for  the  government  of  Primaries.  An  unpopu- 
lar "boss"  could  call  them  secretly  in  inconvenient 
places  known  only  to  his  immediate  supporters.  He 
might  make  arbitrary  rules  excluding  all  persons  who 
were  opposed  to  him,  and  thus,  by  usurping  the  party 
name,  he  was  able  to  exercise  its  authority  unchecked. 
(§7.) 


THE  PRIMARY  ELECTION 


35 


6i.  Remedial  Legislation.  —  Laws  have  now  been 
enacted  by  most  of  the  States  extending  to  the  Primaries 
many  of  the  safeguards  that  have  been  thrown  around 
the  regular  elections.  Duly  qualified  voters  are  as 
much  entitled  to  cast  their  ballots  and  to  have  them 
honestly  counted  In  Primary  elections  as  in  regular 
elections.  Necessarily  they  remain  party  affairs.  Dem- 
ocrats have  no  right  to  participate  in  the  Republican 
Primaries  nor  Republicans  in  those  held  by  Democrats. 
Independent  voters  can  take  part  in  neither.  They 
are  compelled  to  wait  until  they  can  exercise  their 
choice  on  election  day  between  the  candidates  named 
by  the  regular  parties,  or  to  nominate  candidates  of 
their  own  by  "petition,"  a  method  which  does  not 
require  the  holding  of  Primaries. 

62.  Primary  Contests.  —  Primary  laws,  as  a  rule, 
are  applicable  only  to  the  larger  centres  of  population 
and  to  political  parties  which  have  cast  enough  votes 
to  make  them  important  factors  in  the  politics  of  the 
State.  In  States  where  one  party  is  in  an  overwhelm- 
ing majority,  as  the  Democratic  party  is  in  the  States 
of  the  "Solid  South,"  a  nomination  is  usually  equiva- 
lent to  an  election,  and  in  such  States  there  is  some- 
times a  stubborn  contest  for  the  nomination  in  the 
Primaries  of  the  dominant  party.  In  other  States, 
where  the  parties  are  more  evenly  divided,  Primary 


*i" 


36 


GOVERNMENT  BY  THE  PEOPLE 


il 


contests  are  commonly  for  the  control  of  the  party 
machinery  rather  than  for  the  nomination  of  can- 
didates. 

63.  Importance  of  the  Primary.  — There  is  a  wide 
diversity  between  the  Primary  laws  of  .he  various 
States.  This  class  of  legislation  is  still  in  the  experi- 
mental or  formative  stage;  but  every  Primary  law 
that  is  intended  to  be  effective  gives  the  party  voters 
an  opportunity  to  control  the  party  machinery  by 
placing  men  whom  they  can  trust  in  the  positions  of 
authority  and  by  nominating  for  office  only  men  of 
probity  and  capacity. 

64.  Party  "Loyalty." — When  the  Primaries  were 
first  made  subject  to  legal  regulation,  a  revolution  in 
political  methods  was  predicted  by  the  advocates  of 
the  new  laws.  It  was  expected  that  the  great  mass 
of  Democratic  and  Republican  voters  would  avail 
themselves  of  the  chance  to  wrest  the  Machines  from 
the  control  of  the  "bosses."  The  failure  of  the  voters 
to  do  what  was  expected  of  them  has  given  rise  to 
much  discussion.  Their  apparent  indifference  is  due 
to  several  causes.  Many  of  the  voters  do  not  yet 
understand  the  direct  bearing  of  the  Primaries  upon 
the  elections.  Party  allegiance,  or  "loyalty,"  is  very 
strong.  From  sixty  to  ninety  per  cent  of  the  voters 
are  accustomed  year  after  year  to  vote  the  "straight 


THE  PRBIARY   ELECTION 


37 


i 


ticket"  of  the  party  to  which  they  belong,  regardless 
of  the  character  of  the  nominees.  They  regard  party 
victory  upon  any  terms  as  the  chief  object  to  be  gained, 
and  they  are  willing  to  accept  without  question  the 
theory  that  the  "boss"  is  working  for  the  party  inter- 
est and  is  therefore  entitled  to  their  support.  When 
they  revolt,  it  is  commonly  not  by  voting  the  ticket 
of  the  opposition  party  but  by  refusing  to  vote  at 
all.  The  defeat  of  parties  in  power  is  almost  in- 
variably due  to  the  failure  of  the  voters  to  o  to 
the  polls  rather  than  to  a  transfer  of  their  votes  to 
the  opposition. 

6S.  Obstacles  to  Political  Activity.  —  While  igno- 
rance and  "party  loyalty"  are  responsible  in  large 
measure  for  the  fact  that  the  Primary  laws  have  not 
accomplished  their  purpose,  another  reason  is  to  be 
found  in  the  sacrifices  of  time  and  money  involved  in 
every  effort  to  nominate  and  elect  competent  men  to 
office  against  the  will  of  the  "boss."  Aside  from  a 
sense  of  public  duty  and  civic  pride,  there  is  little  to 
incite  the  average  citizen  to  activity  in  politics,  and 
the  task  is  rendered  still  less  inviting  by  the  certainty 
that  activity  will  invite  abuse  and  misrepresentation. 
It  often  happens  that  a  man  who  is  sufficiently  public- 
spirited  to  devote  his  energy  and  his  resources  to  the 
betterment  of  political  conditions  without  selfish  ends 


\   ifcifl 


38 


GOVERNMENT  BY  THE  PEOPLE 


n 


finds  himself  assailed  by  the  imputation  of  the  basest 
motives  of  self-interest,  his  actions  and  purposes  mis- 
represented, and  his  mistakes  sharply  criticised  by 
the  community  which  he  is  trying  to  serve. 

66.  Tax-dodgers.  — One  of  the  selfish  reasons  why 
many  of  the  leading  men  who  live  in  cities  do  not  take 
part  in  politics  is  the  fact  that  taxes  upon  personal 
property  are  levied  at  the  legal  residence  of  its  owner. 
As  the  tax  rate  in  cities  is  usually  higher  than  in  the 
coimtry,  many  rich  men  of  high  standing  and  great 
personal  influence  abandon  cheir  right  to  participate 
in  city  elections  by  establishing  a  legal  residence  out- 
side the  city  limits,  or  even  outside  their  State,  so  as 
to  escape  city  taxation.  It  was  said  recently  that  only 
one-third  of  the  members  of  the  Boston  Board  of 
T'.ade,  the  most  influential  commercial  body  in  the 
city,  are  legal  residents  of  Boston.  Many  of  the 
wealthiest  men  in  New  York  City  are  actual  residents 
of  Newport,  of  New  Jersey,  or  of  towns  on  Long  Island 
or  along  the  Hudson.  This  tax-dodging  not  only 
tends  to  throw  the  control  of  city  governments  into 
the  hands  of  men  who  have  little  personal  interest 
in  good  government  because  they  think  they  have 
nothing  to  lose,  but  it  sets  an  example  both  in  society 
and  in  the  business  world  of  indifference  to  elections 
and  to  party  management. 


THE  PRIMARY  ELECTION 


39 


67.  Rewards  for  Voting. —  So  widespread  is  this 
indifference  in  New  York  City  that  it  is  recognized  in 
the  law  of  the  State  by  a  provision  which  offers  a 
reward  in  the  shape  of  probable  exemption  from 
jury  duty  to  voters  who  take  the  trouble  to  go  to  the 
polls  on  election  day.  The  statute  provides  that  the 
lists  from  which  juries  are  drawn  shall  be  made  up 
so  far  as  possible  of  the  names  of  residents  of  the  city 
who  failed  to  vote  at  the  last  preceding  election,  and 
that  voters  shall  not  be  called  upon  to  serve  excepting 
in  case  of  necessity.     (§  275.) 

68.  Independent  Organizations.  —  In  spite  of  de- 
terrent influences,  there  has  been  during  recent  years 
a  marked  increase  of  independence  in  political  thought 
and  action,  both  in  and  out  of  party  lines.  This  is 
especially  true  of  municipal  politics,  in  which  it  is  now 
generally  admitted  that  the  great  national  parties 
have  no  right  to  be  considered,  since  the  questions 
involved  in  city  elections  are  purely  questions  of  the 
management  of  municipal  corporations  chartered  by 
the  State.  The  growth  of  "citizens'  organizations" 
has  been  so  rapid,  and  they  have  drawn  so  largely 
from  the  membership  of  both  the  regular  parties,  that 
they  now  control  some  of  the  larger  cities,  and  ii.  hers 
where  they  do  not  control  they  have  forced  the  Machines 
to  make  concessions  to  public  sentiment  which  have 


?  ; 


t 

1" 


40 


GOVERNMENT  BY  THE  PEOPLE 


;l 


it 


raised  the  standard  of  qualification  for  holding  office 
and  have  increased  the  honesty  and  efficiency  of  local 
government. 

69.  Wcl^;,.^  against  the  Machine.  —  With  the  reali- 
zation that  the  strongest  Machine,  when  corrupt,  can- 
not stand  before  the  weapon  placed  in  the  hands  of 
the  voters  by  the  Primary  laws,  has  come  a  more  general 
disposition  to  make  use  of  that  weapon.  It  is  getting 
to  be  gradually  understood  that  the  shortest  road  to 
honest  and  efficient  government  lies  in  the  capture 
of  the  party  machinery  and  m  employing  it  for  good 
instead  of  bad  purposes. 

70.  Difficulties  of  Primary  Legislation.  —  Although 
minor    political   organizations    may   avail   themselves 
of  the  Primary   law,  in   practice    its  application    is 
usually  confined   to   the  Republican  and  the  Demo- 
cratic parties.     One  of   the    most  difficult  problems 
involved  in  the  enactment  of  such  laws    is  how  to 
prescribe  fairly  the  qualifications  of  voters  who  shall 
be  permitted  to   take    part  in  the  Primaries.    It   is 
often  a  hardship,  either  in  a   business  or  a    social 
sense,  for  a  voter    to    be    compelled    to    reveal    his 
party  affiliation.    At  the  same  time,  it  is  necessary 
to  prevent  the  adherents  of  one  party  from  partici- 
pating in  the   Primaries    of   another,  and    thus    in- 
fluencing its  action.    If  Republicans  were  permitted 


THE  PRIMARY  ELECTION 


41 


to  vote  in  Democratic  Primaries,  for  example,  they 
would  seek  to  nominate  the  weakest  possible  Demo- 
cratic candidates  so  that  they  might  more  easily  elect 
the  candidates  of  their  own  party. 

71.   Party  Lists  Essential.  —This  necessity  for  sepa- 
rating the   voters  of   one   party  from  those  of    the 
others  renders  essential  a  declaration  of  party  affilia- 
tion and  the  listing  of  party  voters  who  are  qualified 
to  take   part  in   Primary  elections.    Without   listing 
it  would    be   impossible   to    prevent    a   voter   from 
participating  in  all  the  Primaries  held  in  the  district 
in  which  he  lives.    But  to  compel  a  voter  to  reveal 
how  he  voted  in   the  last   preceding  election  would 
destroy  the  secrecy  of  the  ballot,  which  is  the  great- 
est of    the  safeguards    against   election   fraud;    and 
to  force   him   to    pledge   himself  to  support  in  the 
coming  election    the   candidates    nominated    by  the 
party   in   whose    Primary  he  participates,  would    be 
equivalent  to  deciding  the  election   in   advance,  even 
if  it  were    practically  possible.     Again,  if  the  party 
organization    is  left    free  to    formulate  qualifications 
for   Primary  voting,   the   Machine   is  able  to  make 
rules  which  exclude    all   persons,  excepting  its  own 
adherents,   and    thus   one   of    the    principal    objects 
that  Primary  laws  seek  to  attain  would  be  defeated. 
Above  all,   the   secrecy  of    the  enrolment   must   be 


1 1 


r 


4a 


GOVERNMENT  BY  THE  PEOPLE 


l]    /  ' 


maintained  pending  an  election,  because  to  reveal 
it  would  betray  in  advance  how  each  enrolled  voter 
intended  to  vote. 

73.  The  New  York  Primary  Law.  —  With  this  glance 
at  the  causes  that  brought  Primary  laws  into  existence 
and  at  the  difficulties  which  must  be  met  in  the  process 
of  regulation,  a  brief  statement  of  the  New  York  State 
Primary  Election  Law  will  serve  to  illustrate  the  prac- 
tical operation  of  such  statutes. 

73.  Binding  upon  Large  Cities.  —  In  the  State  of 
New  York  the  mandatory  application  of  the  Primary 
law  is  confined  to  cities  having  a  population  of  at 
least  50,000,  and  to  political  parties  whose  candidates 
for  Governor  at  the  last  preceding  general  election 
received  at  least  10,000  votes.  In  other  words,  the  law 
is  binding  only  upon  cities  of  the  first  and  second  classes, 
and  at  present  upon  the  Republican,  Democratic, 
Socialist ,  Prohibition,  and  Independence  League  parties. 
In  the  cities  to  which  the  law  applies,  the  smaller  parties 
upon  which  it  is  not  binding  may  act  under  it  or  not, 
as  they  may  prefer. 

74.  Optional  Features.  —The  application  of  the 
law,  however,  may  be  extended  to  all  cities  with  a 
population  of  less  than  50,000  and  to  all  villages 
having  a  population  of  at  least  5000,  by  an 
aflirmative  vote  of  a  majority  of  the  enrolled  voters 


••\tl 


THE  PRIMARY  ELECTION 


43 


of  any  party  within  these  municipalities.  The  rural 
districts  of  the  State  are  excluded  altogether  from  the 
operation  of  the  Primary  Election  Law,  being  subject 
to  the  provisions  of  another  statute  known  as  the  Town 
Enrolment  Act.  The  Primary  Election  Law,  in  brief, 
can  be  applied  only  to  the  political  divisions  of  the 
State  in  which  annual  personal  registration  is  required, 
and  it  is  mandatory  only  in  cities  which  have  at  least 
50,000  population. 

75.  Expense  a  PubUc  Charge.  —  Primaries  are  held 
at  the  public  expense,  and  in  theh:  general  features 
they  closely  resemble  regular  elections.  Only  qualified 
voters,  who  have  enrolled,  are  permitted  to  participate 
in  them. 

76.  Listing  of  Party  Voters.  —  In  cities  and  villages 
where  the  Primary  Election  Law  is  in  force,  boards 
of  registration  are  supplied  with  enrolment  books, 
upon  which  the  names  of  all  voters  who  register  for 
the  coming  regular  election  must  be  entered.  These 
enrolment  books  are  similar  to  the  books  of  registry, 
which  have  abeady  been  described  (§  46),  excepting 
that  their  pages  are  ruled  off  into  twelve  instead  of 
twenty  columns. 

77.  Registration  and  Enrolment.  —  When  a  voter 
presents  himself  before  the  board  for  the  purpose  of 
registering  for  the  regular  election,  and  his  name  and 


.  '!! 


i'  \ 


X 


J 


44  GOVERNMENT  BV  THE  PEOPLE 

address  have  been  entered  upon  the  registration  books, 
they  must  also  be  entered  upon  the  enrolment  books, 
and  the  same  number  is  set  down  before  the  name  in 
each  book.  The  chairman  of  the  board  of  registration 
then  gives  the  voter  an  envelope  upon  which  this  num- 
ber is  printed.  The  envelope  contains  an  "enrolment 
blank"  and  the  voter  is  required  to  retire  inside  an 
enclosed  booth  to  prepare  this  blank  for  deposit  in 
a  ballot-box  which  has  been  provided  to  receive  it. 

78.  Declaration  of  the  Voter. -Upon  the  enrol- 
ment blank  are  printed  the  names  and  "  party  emblems" 
of  the  parties  to  which  the  law  applies,  with  a  blank 
circle  under  each  emblem.     (§  131.)     The  enrohnent 
blank  also  bears  a  declaration,  to  which  the  voter 
must  subscribe,  asserting  that  he  is  qualified  to  vote 
in  the  regular  election,  that  he  has  registered  with  the 
intention  of  voting,  that  he  is  "in  general  sympathy 
with  the  principles  of  the  party"  beneath  the  name  and 
emblem  of  which  he  has  placed  his  mark,  that  it  is 
his  intention  "to  support  generally"  the  nominees  of 
this  party  at  the  next  national  or  State  election,  and 
that  he  has  not  enrolled  with  any  other  party  or  par- 
ticipated in  its  Primaries  or  conventions  during  that 
year. 

79.  Declaration  not  a  Pledge.— This   declaration 
does  not  require  the  voter  to  say  how  long  he  has  been 


THE  PRIMARY  ELECTION  45 

in  sympathy  with  the  party  with  which  he  enrols,  or 
to  pledge  himself  absolutely  to  support  its  candidates 
in  the  coming  election.    (§  308.) 

80.  Enrolment  is  Secret.  —  If  the  voter  desires  to  en- 
rol  as  a  member  of  any  party  that  has  caused  its  name 
and  emblem  to  be  placed  on  the  enrolment  blank,  he 
must  enter  the  enclosed  booth  and  make  a  cross  mark 
on  the  enrolment  blank  in  the  appropriate  circle. 
He  must  then  replace  the  blank  in  the  envelope,  seal 
it  and  give  it  to  the  inspector,  who  must  write  the  name 
of  the  voter  upon  the  envelope  and  hand  it  back  to 
him.  The  voter  personally  deposits  the  envelope 
in  the  ballot-box,  and  he  is  then  enrolled. 

81.  Record  must  be  Kept. -If  the  voter  does  not 
desire  to  enrol,  he  must  announce  the  fact  when  the 
envelope  is  handed  to  him  and  immediately  return 
it  to  the  inspector,  who  must  seal  it  and  place  it  in 
the  ballot-box.  The  fact  as  to  whether  the  voter  has 
enrolled  or  not  must  be  entered  in  the  enrolment  book 
against  his  name. 

82.  Custody  of  the  Enrohnent.  —  In  order  to  pre- 
serve the  secrecy  of  the  enrolment  and  of  the 
ballot,  the  enrolment  books  and  the  ballot-box 
containing  the  enrolment  blanks  must  be  sealed  at 
the  close  of  the  last  day  of  registration  and  deliv- 
ered to  the  "Custodian  of  Primary  Records,"  who  is 


».. , 


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46 


GOVERNMENT  BY  THE  PEOPLE 


liU' 


the  official  or  board  charged  with  the  duty  of  pro- 
viding the  ballots  and  other  supplies  for  election 
day.    (§  ISO.) 

83.  How  the  List  is  Made  Up.  —The  books  and 
boxes  cannot  be  opened  until  a  week  after  the  regular 
election.  The  seals  are  then  broken,  and  the  party 
affiliation  of  each  voter  who  has  enrolled  is  ascertained 
from  the  contents  of  the  envelope  which  bears  his  name 
and  the  number  set  opposite  to  his  name  in  the  enrol- 
ment book.  The  name  of  the  party  with  which  he 
has  enrolled  b  entered  in  the  enrolment  book  after 
the  name  of  the  voter. 

84.  Revision  of  the  Lists.  —  In  this  way  the  enrol- 
ment list  for  the  Primaries  of  the  ensuing  year  is  com- 
piled. It  must  be  open  for  inspection,  and  copies  of 
it  must  be  published.  Adequate  provision  is  made 
for  the  issuance  of  court  orders,  strikmg  from  the  list 
the  names  of  fraudulent  voters  and  of  voters  who  have 
died  or  moved  away  before  the  Primary  is  held.  The 
names  of  voters  who  are  not  actually  in  sympathy 
with  the  principles  of  the  party  with  which  they  have 
enrolled  may  also  be  stricken  off  upon  demonstration 
of  the  fact. 

85.  Primary  and  R^;tilar  Elections.  —  When  this 
revision  has  been  made,  the  lists  are  in  readiness  for 
the  Primary  election.    It  must  be  remembered  that 


U 


THE  PRIMARY  ELECTION  47 

the  Primary  election  is  an  election  >vithin  a  party,  and 
is  exclusively  partisan.  It  is  identified  with  the  reg- 
ular election  only  through  the  fact  that  the  registra- 
tion of  voters  for  the  regular  election  and  the  enrol- 
ment of  voters  for  the  Primary  election  takes  place 
at  the  same  time  for  the  sake  of  convenience.  The 
Primary  election  is  held  to  nominate  cand:aates  for 
office,  and  the  regular  election  is  held  to  elect 
them. 

86.  Dates  of  Primaries.  —  It  is  customary  to  hold 
national  conventions  in  June  or  July,  while  State 
and  local  conventions  are  usually  held  two  or  three 
months  later.  As  one  of  the  functions  of  the  Primary 
is  to  choose  delegates  to  these  conventions,  the  Primary 
election,  in  years  when  a  President  is  to  be  elected,  must 
take  place  earlier  than  in  other  years.  The  New  York 
law  prescribes  the  holding  of  Primary  elections,  as 
follows: — 

To  elect  delegates  to  National  conventions  in  Presi- 
dential years,  on  the  last  Tuesday  in  March. 

To  elect  delegates  to  all  other  conventions  and  to 
choose  members  of  party  committees,  on  the  tenth 
Tuesday  before  election  day  in  Presidential  years  and 
on  the  seventh  Tuesday  before  election  day  in  other 
years,  excepting  in  New  York  City,  where,  in  years 
when  a  Governor  b  to  be  elected,  the  eighth  Tuesday 


'I 


..'^i 


48 


GOVERNMENT  BY  THE  PEOPLE 


11 


before  election  day,  and  in  other  years,  the  sixth  Tues- 
day before  election  day,  are  the  Primary  days. 

87.  Special  Primaries. —  In  New  York  City  and 
Buffalo,  the  two  largest  cities  in  the  State,  there  are 
two  Primary  elections  in  years  when  delegates  are  to 
be  chosen  to  conventions  representing  more  than  one 
county.  Such  delegates  must  be  elected  on  the  tenth 
and  seventh  Tuesdays  before  election  day,  according 
to  the  general  provisions  of  the  law,  while  all  other 
delegates  and  members  of  the  committees  represent- 
ing the  party  organization  are  chosen  at  a  second 
Primary  held  on  the  fifth  Tuesday  before  election 
day.  The  first  of  these  Primaries  is  omitted  in  years 
when  there  is  to  be  no  election  covering  more  than 
one  county. 

88.  Regulation  of  Parties.  —  Each  party  that  is 
governed  by  the  provisions  of  the  Primary  Election 
Law  is  required  to  elect  a  "General  Committee"  in 
every  county  of  the  State.  This  General  Committee 
must  organize  by  electing  its  officers  before  January  i 
following  its  election.  It  must  adopt  rules  to  govern 
the  party  organization  and  to  provide  for  the  appor- 
tionment of  delegates  to  the  various  conventions  of 
the  party  in  proportion  to  the  vote  cast  in  each  district 
for  the  party  nominee  for  Governor  in  the  last  pre- 
ceding State  election.    These  rules  must  be  filed  with 


THE  PRIMARY  ELECTION  49 

the  Custodian  of  Primary  Records,  and  the  party  or- 
ganization must  abide  by  them.     (§§  306-307.) 

89.    Basis  of  Representation.  —The  basis  of  repre- 
sentation in  a  regular  election  is  the  total  population 
of  a  district;  the  basis  of  representation  in  a  Primary 
election  is  the  party  vote  cast  in  a  district.    That  is 
to  say,  in  forming  legislative  or  Congressional  districts, 
the  total  population  is  taken  into  account,  while  in 
a  Republican  Primary,  for  instance,  a  district  which 
gave  a  heavy  vote  fr  the  Republican  candidate  for 
Governor  in  the  last  preceding  election  will  be  entitled 
to  a  greater  representation  in  ihe  conventions  of  the 
party  and  in  its  general  committee  than  a  district  of 
equal  population  which  cast  a  smaller  vote  for  the 
candidate  for  Governor.    This  is  not  true,  however, 
of  national  conventions,  where  representation  is  based 
upon  population  and  not  on  party  vote. 

90.  Primary  Districts.  —  Voting  in  Primary  elections 
takes  place  by  "Primary  districts."  These  usually 
contain  two  contiguous  election  districts  within  the 
same  Ward  or  Assembly  District.  The  regular  poll- 
ing place  in  one  of  the  election  districts  is  set  apart 
for  the  Primary  of  the  party  casting  the  highest  number 
of  votes  in  the  Primary  district,  while  the  polling  place 
in  the  other  election  district  is  assigned  to  the  party 
casting  the  next  highest  number  of  votes  in  the  Primary 


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GOVERNMENT  BY  THE  PEOPLE 


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district,  and  to  all  other  parties  which  operate  under 
the  Primary  Law.     (§§  37-42.) 

91.  Parties  Separated. —There  are  two  Republican 
and  two  Democratic  inspectors  of  election  in  each 
election  district.  If  the  Republicans  cast  the  highest 
vote  for  Governor  in  the  last  preceding  State  election, 
the  four  Republican  inspectors  in  each  Primary  district 
have  charge  of  the  Republican  Primary  and  the  four 
Democratic  inspectors  supervise  the  Primaries  of  all 
other  parties.  The  inspectors  are  sworn  to  enforce  the 
law.    (§§  38,  1 51-152.) 

92.  Voters  must  be  Informed.  —  The  party  com- 
mittees are  required  to  prepare  lists  of  all  delegates 
or  committeemen  who  are  to  be  chosen  at  the  Primary 
election  and  to  apportion  the  number  of  delegates  or 
committeemen  which  each  district  is  entitled  to  elect. 
These  lists  and  due  notice  of  the  date  on  which  the 
Primary  is  to  be  held  must  be  published  in  party 
newspapers. 

93.  Preparation  of  Ballots. —Official  paper,  upon 
which  the  ballots  for  the  Primary  election  must  be 
printed,  is  furnished  by  the  Custodian  of  Primary  Rec- 
ords, each  party  having  a  color  distinct  from  that  used 
by  the  other  parties.  This  paper  must  be  sold  at  cost, 
and  no  ballots  printed  on  any  other  kind  of  paper  can 
be  counted.    The  ballots  are  prepared  at  the  expense 


uM 


THE  PRIMARY  ELECTION  51 

of  the  party  committee  or  of  the  persons  proposing 
the  names  of  candidates  other  than  those  proposed 
by  the  committee.  Any  number  of  opposition  tickets 
may  be  printed. 

94.  Watchers  and  ChaUengers.  -  Political  commit- 
tees may  appoint  one   "watcher"   for  each  election 
district    contained    within    a    Primary    district.    The 
law  gives  the  opposition  the  same  privilege  by  provid- 
ing that  any  two  or  more  candidates  whose  names 
are  on  any  Primary  ballot  to  be  voted  in  the  Primary 
district  may  also  appoint  a  "watcher."    It  is  the  duty 
of  these  "watchers"  to  guard  against  fraud  and  to 
see  that  the  law  is  obeyed.    They  have  the  right  to 
stand  inside  the  guard-rail  which  surrounds  the  ballot- 
box  on  Primary  day  and  to  witness  all  that  is  done 
untU  the  result  of  the  voting  is  announced  by  the  in- 
spectors.   One  "chaUenger"  may  also  be  appointed 
for  each  group  of  three  candidates  whose  names  are 
on  any  of  the  Primary  ballots.    The  "challengers" 
must  remain  outside   the  guard-rail,  and   they  may 
question,  or  challenge,  the  right  of  any  person  to  vote 
in  the  Primary.    (§§  155,  161.) 

95.  Duration  of  the  Voting.  -  Between  nine  o'clock 
in  the  morning  and  nine  o'clock  at  night  the  polls 
may  be  kept  open  for  such  a  period  as  the  rules  of  the 
party  may  prescribe ;    but  they  must  be  open  for  at 


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52  GOVERNMENT  BY  THE  PEOPLE 

least  one  hour,  and  in  the  larger  cities  they  must  be 
open  from  not  later  than  two  o'clock  in  the  afternoon 
until  nine  o'clock  at  ni-ht.  All  electioneering,  or 
soliciting  of  votes,  within  one  hundred  feet  of  the  poll- 
ing place,  is  prohibited.  These  regulations  are  in- 
tended to  give  every  party  voter  an  opportunity  to  cast 

his  vote. 

96.  How  the  BaUots  are  Cast  —When  the  voter 
goes  to  the  polls,  he  mu,t  announce  his  name  and  the 
party  with  which  he  is  enrolled.    If  his  name  is  found 
on  the  enrolment  list,  an  inspector  gives  him  one  of 
each  of  the  ballots  which  have  been  prepared  for  the 
Primary.    Entering    the   enclosed   voting   booth,   the 
voter  selects  the  ballot  which  contains  the  names  of 
the  candidates  for  whom  he  desires  to  vote,  and  folds 
it  in  such  a  way  that  its  contents  shall  not  be  visible. 
He  then  folds  the  remaining  ballots  in  a  similar  manner, 
and  coming  out  of  the  booth,  gives  to  the  inspector 
the  ballot  which  he  wishes  to  vote.    The  inspector 
must  deposit  it  in  the  ballot-box  without  unfolding  it. 
The    voter   then   gives   the   inspector   the   remaining 
ballots,  and  the  inspector  must  place  them  in  another 
box  provided  for  waste  ballots.    The  voter  is  forbidden 
to  mark  his  ballot  in  any  way.    As  soon  as  the  ballots 
have  been  deposited,  the  name  of  the  voter  must  be 
checked  off  on  the  enrolment  list  as  having  voted. 


THE   PRIMARY  ELECTION 


53 


97.  ChaUenges.  —  Any  voter  at  a  Primary  election 
may  be  challenged  on  the  ground  that  he  is  not  the 
person  whose  name  he  has  given  or  that  he  does  not 
live  at  the  address  that  he  has  given.  His  ballot  can 
then  be  received  only  after  he  has  sworn  to  the  state- 
ment of  his  name  and  residence  as  it  appears  on  the 
enrolment  list. 

98.  Announcement  of  the  Result.  —  At  the  closing 
of  the  polls,  the  inspectors  at  each  pollmg  place  must 
count  the  ballots  and  announce  the  result.  They 
must  also  file  a  statement  of  the  result  with  the  Cus- 
todian of  Primary  Records,  who  is  required  to  issue 
certificates  of  election  to  the  successful  candidates.  All 
the  proceedings  may  be  reviewed  by  the  courts,  which 
may  Issue  orders  compelling  the  correction  of  any 
frauds  or  errors  in  the  conduct  of  the  election.  (§  115.) 

99.  Primary  Contests. —  In  New  York  State,  Pri- 
mary contests  are  rarely  waged  to  compel  the  election 
of  delegates  to  conventions  who  are  known  or  pledged 
to  the  nomination  of  popular  candidates.  The  Machines 
are  usually  permitted  to  name  the  delegates  to  nominat- 
ing conventions  without  opposition.  Spirited  contests 
are  often  fought,  however,  for  the  control  of  the  party 
organization  in  certain  counties  or  Assembly  Districts. 
The  decision  hinges  upon  the  election  of  the  delegates 
to  the  party  committees. 


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CHAPTER  V 


THE  NOMINATION  OF  CANDIDATES 


'  S\ 


100.  Methods  of  Nomination.  — There  are  several 
methods  of  nommating  candidates  for  office.  They 
may  be  chosen  by  conventions  composed  of  delegates 
elected  by  the  party  voters.  They  may  be  named  by 
conventions  to  which  delegates  have  been  chosen  by 
other  conventions.  In  certain  circumstances  they 
may  be  chosen  by  party  committees.  They  may  be 
nominated  by  petitions  signed  by  a  specified  number 
of  voters.  Finally,  they  may  be  selected  du^ctly 
by  the  party  voters  at  the  Primary,  which  is  known 
as  the  "direct  nomination"   method. 

101.  Conventions.  —  For  forty-two  years  after  the 
first  President  had  been  elected,  there  were  no  conven- 
tions, as  the  term  is  now  understood.  Washington 
was  the  unanimous  choice  of  the  nation.  Even  after 
the  office  of  President  became  an  object  of  competition, 
party  lines  were  so  indefinite  that  a  generation  passed 
before  the  convention  system  was  adopted.  Like  the 
Primary,  the  convention  is  a  development  of  the  caucus, 

54 


THE  NOMINATION  OF  CANDIDATES  55 

and  it  is  intended  to  give  accurate  expression  to  the 
will  of  a  majority  of  the  voters  belonging  to  a  political 
party.    The  Representatives  of  the  States  in  Congress 
for  several  national  elections  assumed  in  caucus  the 
function  of  proposing  candidates  for  the  Presidency. 
There  was  nothing  binding  in  their  action,  and  this 
method  proved  so  unpopular  that  the  various  State 
legislatures  soon  began  to  di\'ide  into  party  caucuses 
for  the  purpose  of  puttmg  national  as  well  as  State 
candidates  in  the  field.    This  plan,  however,  while 
more  nearly  reflecting  the  wishes  of  the  party  voters 
in  each  State,  prevented  united  action  among  the  States 
themselves,  such  as  had  been  secured  by  the  Con- 
gressional caucus.    The  result  was  a  multiplicity  of 
candidates,   and   national   elections   became    contests 
between  individuals  rather  than  between  candidates 
representing  parties  and  piirty  principles.    (§  56.) 

loa.  Conventions  and  Parties.  —  Political  conven- 
tions have  exerted  a  marked  influence  upon  the  devel- 
opment of  party  organization.  The  first  national  con- 
vention, indeed,  was  called  ch'efly  for  the  purpose  of 
organizing  a  national  party,  (i  53.)  It  was  the  out- 
growth of  the  Anti-Masonic  movement,  which  began 
in  1826  and  was  aimed  at  Frtemasonry.  In  1830, 
its  adherents  in  the  various  States  joined  in  sending 
ninety-six  delegates  to  a  meeting  held  in  Philadelphia. 


\\} 


56 


GOVERNMENT  BY  THE  PEOPLE 


in 


f  f  i 


15'  ! 


This  meeting  framed  the  plan  of  holding  a  national 
delegate  convention  to  nominate  candidates  for  Presi- 
dent and  Vice-President,  to  be  voted  for  in  the  national 
election  of  1832.  It  adopted  a  resolution  asking  "the 
people  of  the  United  States,  opposed  to  secret  societies" 
to  send  delegates  to  this  convention  in  Baltimore  in 
183 1.  Each  State  was  requested  to  send  as  many 
delegates  as  it  had  Senators  and  Representatives  in 
Congress.  The  Democrats  were  then  in  power,  having 
elected  Andrew  Jackson  President  in  1828.  The 
other  great  party  was  the  National  Republican.  Both 
decided  to  follow  the  example  of  the  Anti-Masons  in 
holding  national  conventions,  and  both  adopted  the 
Anti-Masonic  basis  of  representation,  which  was  one 
delegate  for  each  United  States  Senator  and  Repre- 
sentative in  Congress.  All  these  conventions  were 
held  in  Baltimore,  the  Anti-Masonic  and  the  National 
Republican  in  1831,  and  the  Democratic  in  1832. 

103.  First  Party  Platform.  —  Neither  the  Democrats 
nor  the  Anti-Masons  adopted  any  declaration  of  prin- 
ciples, but  the  National  Republicans  passed  a  series 
of  resolutions  which  constitute  the  first  party  platform, 
now  so  prominent  ?  feature  of  political  contests.  This 
platform,  put  forward  at  a  time  when  the  extent  of 
the  powers  of  the  Federal  government  was  still  in  dis- 
pute, contained  assertions  which  have  now  long  since 


THE  NOMINATION  OF  CANDIDATES  57 

been  accepted  by  the  nation.    It  is  interesting  to  note 
that  it  declared  for  the  protective  tariff  by  insisting 
that  "an  adequate  protection  to  American  industry 
is  indispensable  to  the  prosperity  of  the  country"  and 
that  it  arraigned  the  adherents  of  President  Jackson 
for  the  doctrine,   "boldly  preached"  in  the  Senate, 
that  "to  the  victor  belong  the  spoils  of  the  enemy."' 
The  framers  of  the  first  platform  might  have  dwelt 
more  forcibly  upon  this  plank,  could  they  have  foreseen 
how  important  and  demoralizing  a  part  the  "spoils 
system"  was  to  play  in  the  political  history  of  the 
nation,  and  how  persistently  the  system  was  to  be 
maintained.    (§  242.) 

104.  Defence  of  the  Senate.  —  Another  plank  in 
the  platform  dealt  with  a  problem  which  is  still  of  so 
much  contemporary  interest  that  the  allusion  might 
have  been  written  yesterday  instead  of  three-quarters 
of  a  century  ago.  It  declared  the  Senate  of  the  United 
States  to  be  "preeminently  a  conservative  branch 
of  the  Federal  government"  and  asserted  that  "all 
attempts  to  overawe  its  deliberations  by  the  public 
press  or  by  the  National  Executive  deserve  the  indignant 
reprobation  of  every  American  citizen."  There  were 
455  words  in  the  first  national  party  platform,  which 
was  a  model  of  concise  expression.  The  platforms  of 
the  present  day  usually  contain  2000  words  or  more. 


58 


GOVERNMENT  BY  THE  PEOPLE 


105.  The  "Unit  Rule."  —As  conventions  are  parti- 
san, the  parties  which  they  represent  make  the  rules 
by  which  they  are  governed.  Both  the  great  national 
parties  in  1832  adopted  Congressional  representation 
as  the  basis  of  representation  in  their  national  con- 
ventions, but  the  ruling  idea  of  the  Democrats  was  to 
maintain  the  powers  and  integrity  of  the  several  States, 
while  the  National  Republicans  and  the  Republicans 
who  succeeded  them  inherited  the  Federalist  idea  of 
centralization  of  power  in  the  national  government. 
The  Democrats  adopted  the  practice  of  electing  all 
the  delegates  from  each  State  to  their  national  con- 
ventions in  State  conventions,  and  they  decreed  that  the 
vote  of  all  the  delegates  from  a  State  should  be  deter- 
mined by  the  majority  vote  of  the  delegates  from  that 
State.  In  other  words,  they  adopted  the  "unit  rule" 
under  which  the  delegates  from  each  State  are  com- 
pelled to  vote  as  a  unit  in  national  conventions.  This 
rule  has  been  maintained  ever  since,  and  it  is  so  em- 
bedded in  Democratic  policy  that  even  in  State  con- 
ventions an  attempt  is  made  to  compel  the  delegates 
from  each  county  to  vote  as  a  unit. 

106.  The  "Two-thirds  Rule." —Another  rule  of 
Democratic  national  conventions  requires  the  vote  of 
two-thirds  of  all  the  delegates  to  nominate  the  candi- 
dates for  President  and  Vice-President.    This  is  known 


THE  NOMINATION  OF  CANDIDATES 


59 


as  the  "two-thirds  rule."  It  was  adopted  so  as  to  pre- 
vent the  delegates  from  Republican  States  from  unit- 
ing to  nominate  a  ticket  opposed  by  the  Democratic 
States  which  would  be  called  uj  on  to  elect  the  candi- 
dates. 

107.  RepubUcan  Unit  of  Representation.  —The  rules 
of  the  Democratic  party  make  the  State  the  unit  of 
representation  in  Democratic  national  conventions. 
The  unit  of  representation  in  Republican  national 
conventions  is  the  Congressional  District,  although 
the  delegates  corresponding  to  the  two  United  States 
Senators  from  each  State  are  elected  by  the  State  con- 
vention and  represent  the  entire  State.  All  attempts 
to  introduce  the  unit  rule  in  Republican  conventions 
have  failed.  Every  delegate  may  vote  as  he  chooses, 
regardless  of  the  wishes  of  the  other  delegates  from 
his  State. 

108.  National  Conventions  Enlarged. — The  na- 
tional conventions  of  both  the  great  parties  until  1868 
were  made  up  of  one  delegate  for  each  United  States 
Senator  and  one  for  each  member  of  the  House  of 
Representatives.  The  Republicans  then  doubled  the 
number  of  their  delegates  by  electing  four  "delegates- 
at-large"  to  correspond  to  the  two  Senators  from  each 
State  and  two  "District  delegates"  from  each  Con- 
gressional District  to  correspond  to  the  membership 


6o 


GOVERNMENT  BY  THE  PEOPLE 


1 


,i  I 


/  ) 


of  the  House  of  Representatives.  The  Democrats 
adopted  the  same  plan  in  their  national  convention 
of  1872,  and  it  is  still  the  rule  of  both  parties. 

109.  Custom  and  Law.  —  National  conventions  are 
still  governed  wholly  by  custom  and  precedent,  but  the 
election  laws  of  nearly  all  the  States  prescribe  regula- 
tions for  procedure  in  State  conventions  and  conven- 
tions held  in  subdivisions  of  States.  These  laws  are 
intended  to  insure  fair  play  and  to  prevent  the  abuse 
of  power  by  the  party  Machines. 

no.  Legal  Definition  of  a  Party.  —  Every  party 
that  cast  a  sufficient  number  of  votes  for  its  candidate 
for  Governor  in  the  last  preceding  State  election  is 
entitled  under  the  law  to  make  its  nominations  in  con- 
ventions. No  purely  municipal  organization  can  legally 
be  a  party.  In  New  York  State,  an  organization  must 
poll  at  least  10,000  votes  for  its  candidate  for  Gov- 
ernor in  order  to  become  a  party.  In  Massachusetts 
it  must  poll  at  least  three  per  cent  of  the  total  vote 
cast  for  the  office  of  Governor.  There  are  similar 
restrictions  in  other  States. 

III.  How  Delegates  are  Chosen.  —  Delegates  to 
conventions  called  to  nominate  candidates  for  offices 
covering  the  smaller  political  divisions  of  a  State, 
such  as  Aldermen,  members  of  the  legislature,  and 
even  Representatives  in  Congress,  are  usually  chosen 


\v 


THE  NOMINATION  OF  CANDIDATES  6t 

directly  at  the  Primaries  under  the  rules  adopted  by 
the  party  committees.  These  local  district  conven- 
tions, in  turn,  choose  delegates  to  city  conventions, 
to  Judicial  District  conventions,  which  'ally  include 
several  counties,  to  State  conventio-i  >,  .<ua  to  r-'onal 
conventions.    (§  52.) 

iia.  The  State  Convention.  ri.  rr  n,  ,n 
a  State  convention  will  serve  lo  u  ur:.  ><w  .nt  >« 
methods,  since  all  are  alike  u  i.c-r  ^n  ,..'.  u.ujus. 
The  date  and  place  for  holding  t!.u  .  nion  are 
announced  several  weeks  in  ad  van-  '.  ihe  S;ate 
Committee  of  the  party,  which  also  announces  the 
basis  of  representation,  either  by  districts  or  in  pro- 
portion to  the  party  vote  cast  in  the  last  preceding 
State  election.  The  interval  between  the  call  and  the 
meeting  of  the  convention  affords  time  for  the  election 
of  the  delegates. 

ti3.  Supremacy  of  the  "Boss."— The  programme 
of  the  convention,  in  practice,  is  almost  always  decided 
upon  down  to  the  minutest  detail,  before  the  conven- 
tion meets.  The  party  leader,  or  "boss,"  and  his 
lieutenants  discuss  the  relative  claims  of  candidates 
and  decide  who  shall  be  nominated.  The  party  plat- 
form is  written  and  submitted  tc  the  "boss"  for  his 
approval.  The  officers  of  the  convention  are  agreed 
upon  and  their  speeches  revised.    Ail  this  is  outside 


62 


GOVERNMENT  BY  THE  PEOPLE 


«  "1 


the  law,  which  ignores  the  existence  of  the  party  leader 
and  assumes  that  the  delegates  are  free  to  exercise 
their  own  judgment.  The  real  interest  in  the  con- 
vention is  usually  centred  in  the  secret  conferences 
of  the  leaders  which  precede  it  and  in  which  the  con- 
tests over  the  nominations  are  fought  out,  sometimes 
with  much  stubbornness.  The  "slate"  is  finally  made 
up  by  agreement  between  leaders  who  control  a  ma- 
jority of  the  delegates  in  the  convention.  The  leaders 
of  the  minority  may  either  surrender  or  they  may 
register  their  protest  by  presenting  the  names  of  other 
candidates  in  the  convention  with  the  certainty  of 
defeat,  for  it  is  rare  in  State  conventions  that  there 
is  so  equal  a  division  of  strength  as  to  leave  the  result 
in  doubt. 

114.  Delegates  have  no  Voice.  —  While  the  leaders 
are  settling  what  the  convention  is  to  do,  the  delegates 
are  left  to  their  own  devices,  ignorant  of  what  is  going 
on  in  the  "headquarters"  where  the  leaders  are  as- 
sembled. They  are  not  consulted  and  theu:  advice  is 
not  asked.  It  often  happens  that  they  do  not  know 
whom  they  are  to  nominate  until  they  hear  for  the 
first  time  in  the  convention  hall  the  names  of  the  candi- 
dates agreed  upon  by  the  leaders.  Although  the  law 
gives  them  the  right  to  bring  forward  the  names  of 
other   candidates,   they  seldom  exercise   it  and   the 


THE  NOMINATION  OF  CANDIDATES  63 

delegate  bold  enough  to  disobey  orders  is  regarded 
with  disapproval. 

115.  The  Temporary  RoU. —Conventions  are  em- 
powered to  pass  upon  the  qualifications  of  their  own 
delegates.  Where  delegates  are  chosen  in  Primary 
elections,  designated  officials  are  requu-ed  by  law  to 
issue  certificates  of  election  to  them.  Similar  certifi- 
cates are  issued  to  delegates  chosen  by  minor  conven- 
tions, and  they  must  be  attested  by  the  officers  of  these 
conventions.  These  certificates  are  known  as  the 
"credentials"  of  the  delegates.  The  names  of  the 
delegates  presenting  them  are  placed  upon  the  "tem- 
porary roll"  of  the  convention.    (§  98.) 

116.  Calling  the  Convention  to  Order.  —The  chair- 
man of  the  political  committee  which  issued  the  call 
for  the  convention,  or  some  person  authorized  by  him, 
must  call  the  convention  to  order  within  a  reasonable 
time  after  the  hour  named  m  the  call.  The  hall  in  which 
the  convention  is  held  must  be  large  enough  to  seat 
all  the  delegates  and  also  then-  "alternates,"  who  are 
men  chosen  to  act  as  substitutes  for  the  regular  dele- 
gates in  case  of  absence. 

i»7.  Arrangement  of  Seats.  — In  State  conventions 
the  seats  are  usually  divided  into  sections  for  the  dele- 
gates from  the  various  counties,  and  the  location  of 
each  county  delegation   k  indicated  by  a  standard 


■^i 


»\ 


1? 


'■  n 


64 


GOVERNMENT  BY  THE  PEOPLE 


It 


•  I. 


It 


bearing  the  name  of  the  county.  The  arrangement 
is  alphabetical  so  that  the  delegates  may  easily  find 
their  places.  The  alternates  sit  in  a  body  in  the  rear 
and  at  the  sides  of  the  hall.  The  balconies  and  plat- 
form are  usually  decorated  with  flags  and  bunting  and 
with  portraits  of  party  heroes.  There  is  always  a  brass 
band  and  sometimes  several  of  them  to  fill  in  the  pauses 
and  help  to  arouse  the  enthusiasm  which  is  regarded 
as  an  essential  feature  of  conventions. 

11 8.  Notices  of  Contest.  -When  the  convention 
has  been  called  to  order,  the  temporary  roll  is  read 
and  any  corrections  or  substitutions  that  may  be 
necessary  are  made  as  the  delegates  answer  to  their 
names.  If  the  right  of  any  delegate  or  delegation 
to  sit  in  the  convention  is  questioned,  a  notice  of 
intention  to  contest  that  right  's  given  by  the 
contestants. 

119.  Election  of  the  Temporary  Chairman. — The 
chairman  of  the  committee  which  sent  out  the  call  for 
the  convention  then  announces  that  the  committee 
has  selected  one  of  the  delegates,  whom  he  names,  to 
be  recommended  for  temporary  chairman  of  the  con- 
vention. Other  nominations  may  be  made  and  in 
any  case,  the  roll  of  delegates  must  be  called,  each 
delegate  being  required  to  rise  in  his  place  and  an- 
nounce  his  choice.    This  is   to  prevent   any   person 


THE  NOMINATION  OF  CANDIDATES  65 

other  than  the  delegate  whose  name  is  called  from 
voting  on  that  name.    The  election  of  the  temporary 
chairman  is  ^^uarded  with  especial  care  under  the  law, 
because  the  choice  of  that  official  often  decides  the 
control  of  the  convention.    If  there  happens  to  be 
a  close  contest,  he  may  name  a  committee  on  credentials 
which  will  unseat  a  sufficient  number  of  opposition 
delegates  to  insure  the  victory  of  the  faction  that  he 
favors,  or  he  may  cause  the  election  of  a  permanent 
chairman  who  will  rule  against  everything  proposed 
by  the  opposition.    In  view  of  these  powers  the  law 
makes  it  certain  that  the  delegates  themselves  shall 
have  a  fair  chance  to  decide  who  their  temporary 
chairman  shall  be.     When  elected,  he  is  required  to 
bind  himself  by  oath  to  the  faithful  performance  of 
his  duties. 

"0.  Other  Temporary  Officers. -It  is  customary 
for  the  temporary  chairman  to  make  a  speech  in  which 
he  may  allude  in  a  general  way  to  the  achievements 
of  the  party  and  its  prospects  in  the  coming  election. 
Temporary  secretaries  and  other  officials  are  chosen, 
and  the  temporary  organization  of  the  convention  is 
completed.  The  rules  of  the  lower  branch  of  the 
State  legislature,  so  far  as  they  are  applicable,  are  usually 
adopted  to  govern  the  details  of  debate  and  the  making 
of  motions. 


.  I  •' 


66  GOVERNMENT  BY  THE  PEOPLE 

I2X.  Appointment    of    Conunittees.  —  Then    comes 
the   appointment  of  the  committees  on  credentials, 
permanent   organization,  and  resolutions.    It   is   the 
duty  of  the  committee  on  permanent  organization  to 
propose  the  names  of  a  permanent  chairman,  secretaries, 
sergeant-at-arms,  and  such  other  officers  as  may  be 
named  by  the  convention.    The  committee  on  resolu- 
tions must  frame  the  party  platform  for  the  campaign. 
The  function  of  the  committee  on  credentials  is   to 
hear  the  arguments  of  contestants  for  seats  in  the 
convention  and  decide  what  names  shaU  be  placed  on 
the  permanent  roll  of  delegates.    The    membership 
of  these  committees  is  decided  by  the  rules  of  the 
party  holdmg  the  convention.    It  may  be  one  member 
for  each  Congressional  or  Senate  District  or    other 
division  of  the  State.    The  list  of  districts  is  called, 
and  the  delegates  from  .each  district  offer  the  names 
of  one  member  for  each  of  the  committees  until  the 
list  is  complete.    All  notices  of  contest  which  have 
been  made  are  referred  to  the  committee  on  credentials, 
and  all  resolutions  proposed  are  sent  without  debate 
to  the  committee  on  resolutions. 

122.  Work  of  the  Committees. —The  convention 
then  takes  a  recess  to  give  the  committees  time  to 
complete  their  tasks.  The  meeting  of  the  committee 
on  permanent  organization  is  usually  only  a  formality, 


\\^ 


THE  NOMINATION  OF  CANDIDATES 


67 


as  the  leaders  have  decided  in  advance  who  shall  be 
selected.  The  committee  on  resolutions  considers 
the  platform  which  has  been  prepared  for  it,  but  rarely 
makes  any  material  change.  The  work  of  the  com- 
mittee on  credentials  is  more  serious,  because  recogni- 
tion by  the  convention  determines  "party  regularity." 
This  means  that  if  two  opposing  factions  of  a  party 
in  any  county  have  sent  delegates  to  the  convention, 
and  one  delegation  is  seated  while  the  other  is  not, 
the  faction  whose  delegates  are  seated  is  thereby 
recognized  as  "regular"  by  the  highest  party  authority 
in  the  State.  It  will  be  entitled  to  claim  such  privileges 
as  the  naming  of  Primary  and  election  officials,  the 
making  of  party  rules  for  the  county  or  district  or- 
ganization, and  the  calling  of  Prim."ries  and  minor 
conventions.  It  is  also  entitled  to  mace  recommenda- 
tions for  appointment  to  ofiice  and  to  receive  the  local 
allotment  of  campaign  funds.  Therefore,  even  when 
the  control  of  the  convention  is  not  in  doubt,  there 
are  frequently  bitter  contests  before  the  committee 
on  credentials.  The  law  gives  the  committee  authority 
to  examine  witnesses  under  oath,  and,  in  local  con- 
ventions, to  compel  their  attendance  through  applica- 
tion to  the  courts.    (§  298.) 

123.  The  Permanent  Roll. — When  the  convention 
reassembles  after  the  recess,  the  committee  on  ere- 


I 


68 


GOVERNMENT  BY  THE  PEOPLE 


I  i 


.1-1 


^/  ^ 


dentials   makes   its   report.    This   recommends   that 
the  temporary  roll  of  delegates  be  made  the  permanent 
roll  of  the  convention,  excepting  as  to  such  changes 
as  may  be  recommended  as  the  result  of  contests. 
A  separate  report  is  made  on  each  contest.    Some- 
times the  committee  favors  admitting  to  the  convention 
both  the  "sitting  delegates"  whose  names  are  on  the 
temporary  roll,  and  the  contesting  delegates,  giving 
each  delegate  half  a  vote.    This  prevents  either  faction 
fron    claiming  the   stamp  of  "regularity."    Motions 
ma     oe  made  in  the  convention  to  amend  the  report 
f  committee  in  any  particular.    The  permanent 
oil     f  delegates  must  be  approved  by  a  majority  of 
he     onvention,  and  the  delegates  from  the  district 
or        nty  in  dispute  are  not  permitted  to  vote  on  the 

dis]  u  itiop     f  the  contest. 
124    ?»fii.anent  Organization. —The  committee  on 

perman*^-^  organization  then  makes  its  report,  pro- 
posing ihe  names  of  permanent  officers.  Any  delegate 
may  move  to  substitute  other  names,  but  there  is  rarely 
a  contest  over  this  report.  The  permanent  chairman 
may  be  elected  by  a  roll-call,  but  this  is  not  required 
by  the  New  York  law.  Like  the  temporary  chair- 
man, he  must  take  an  oath  faithfully  to  perform  his 
duties.  After  declaring  him  elected,  the  temporary 
chairman  gives  way  to  him.    The  permanent  chair- 


THE  NOMINATION  OF  CANDIDATES 


69 


man  usually  makes  a  speech  in  which  he  discusses 
the  issues  of  the  campaign  and  outlines  the  position 
that  the  party  is  to  take  in  its  platform.  The  tem- 
porary secretaries  and  other  temporary  officers  of  the 
convention  are  usually  made  permanent. 

125.  The  Platform. —The  chairman  of  the  com- 
mittee on  resolutions  then  reads  the  report  of  that 
committee,  which  constitutes  the  party  platform. 
All  platforms  originally  consisted  of  paragraphs,  each 
beginning  with  the  words  "Resolved:  That,  etc." 
Hence  the  platform  committee  is  still  called  the  com- 
mittee on  resolutions,  although  platforms  are  now 
declaratory  and  argumentative,  without  settled  form. 
Each  paragraph  constitutes  a  "plank."  Any  delegate 
may  move  to  amend  a  plank,  or  he  may  offer  a  sub- 
stitute for  it  or  for  the  entire  platform;  but  as  the 
committee  on  resolutions  represents  a  majority  of  the 
convention,  its  report  is  usually  accepted  without 
change. 

126.  Nominations. — This  brings  the  convention 
to  its  chief  business,  —  the  making  of  nominations 
for  the  offices  that  are  to  be  filled  in  the  approaching 
election.  When  the  platform  has  been  adopted,  the 
chairman  announces  that  nominations  for  the  highest 
of  these  offices  is  in  order.  The  delegate  who  has  been 
selected  by  the  leaders  to  nominate  the  candidate  of 


7© 


GOVERNMENT  BY  THE  PEOPLE 


'  i 


'i  •'' 


their  choice,  places  his  name  before  the  convention 
in  a  eulogistic  speech.    It  is  customary  for  the  orator 
to  refrain  from  naming  the  candidate  until  he  has 
reached  his  final  period.    The  eariier  part  of  the  speech 
is  devoted  to  the  qualifications  of  the  candidate  for 
the  office  which  is  to  be  filled,  his  services  to  the  party, 
and  his  biography.    The  announcement  of  the  name 
is  the  signal  for  an  outburst  of  cheers  and  applause, 
which  is  often  the  only  contribution  that  the  delegates 
are   permitted   to   make   to  the   proceedings.    Other 
candidates  may  be  named   and  "seconding"  or   in- 
dorsing speeches  are  made.    The  chairman  then  de- 
clares nominations  closed.    If  more  than  one  candi- 
date for  the  same  office  is  placed  in  nomination,  there 
must  be  a  roll-call  of  the   convention.    Upon  this 
roll-call,  the  chairman  of  any  county  or  district  delega- 
tion may  announce  that  the  county  or  district  casts 
its  enture  vote  for  one  of  the  candidates,  or  that  its  vote 
is  divided.    His  statement  is  received  unless  it  is  chal- 
lenged; but  any  delegate  may  demand  that  the  delega- 
tion be  "  polled,"  and  the  name  of  each  delegate  in  the 
delegation  must  then  be  called  separately. 

I  a  7.  Nomination  by  Acclamation.  —  If  only  one  can- 
didate is  placed  in  nomination,  he  may  be  nominated 
"  by  acclamation."  When  uw.  chairman  has  announced 
that  nominations  are  closed,  a  delegate  may  move 


THE  NOMINATION  OF  CANDIDATES  71 

that  the  secretary  of  the  convention  be  instructed  to 
cast  the  vote  of  the  entire  convention  for  the  candidate 
who  has  been  named,  and  if  there  is  no  objection,  the 
action  of  the  convention  is  deemed  to  have  been  unani- 
mous. Even  when  there  has  been  a  contest  over 
a  nommation,  the  leader  of  the  minority  in  the  con- 
vention, when  it  has  become  apparent  that  his  candi- 
date has  been  defeated,  and  before  the  final  result  of 
the  vote  has  been  announced,  may  move  that  the 
nomination  of  the  victorious  candidate  be  made  unani- 
mous. This  involves  the  transfer  to  the  victor  of  all 
the  votes  cast  for  the  defeated  candidate.  If  there  is 
no  objection,  the  convention  may  so  order. 

138.  Majority  Vote  required  to  Nominate.  -— Nomi- 
nations in  a  State  convention  and  in  all  other  con- 
ventions, excepting  Democratic  national  conventions, 
where  the  two-thirds  rule  prevails,  are  made  by  the 
votes  of  a  majority,  or  more  than  half,  of  all  the  dele- 
gates elected  to  the  convention.  If  more  than  two  candi- 
dates are  placed  in  nomination,  it  often  happens  that 
none  of  them  can  obtain  a  majority  of  the  convention. 
This  precipitates  a  "deadlock,"  and  sometimes  hundreds 
of  ballots  are  taken  before  there  is  a  decision.  Conven- 
tions may  be  prolonged  in  this  way  for  weeks,  and  they 
are  likely  to  engender  much  bitterness  between  the 
supporters  of  the  various  candidates.    A  solution  is 


72 


GOVERNMENT  BY  THE  PEOPLE 


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usually  obtained  by  the  withdrawal  of  one  or  more  of 
the  contestants  in  favor  of  a  rival,  or  by  agreement  upon 
a  compromise  candidate. 

129.  CJompleting  the  Ticket.  —  When,  as  in  State 
conventions,  candidates  for  several  offices  are  to  be 
named,  they  are  nominated  in  the  order  of  the  impor- 
tance of  their  offices.  Every  nomination  must  be 
certified  under  oath  by  the  chairman  and  secretary  of 
the  convention. 

130.  Committee  to  fill  Vacancies.  —  After  all  the 
candidates  have  been  nominated,  the  convention  may 
designate  a  committee  to  fill  vacancies  on  the  ticket 
caused  by  the  death  or  declination  of  candidates  before 
the  time  limit  for  the  filing  of  nominations  has  expired. 
In  State  conventions  this  power  is  usually  conferred 
upon  the  State  Committee  of  the  party;  in  county  con- 
ventions upon  the  County  Committee,  and  in  districts 
where  there  is  no  distinctive  party  committee,  a  special 
committee  may  be  named  for  the  purpose.  The  State 
convention  may  also  designate  the  State  Committee  or 
a  special  committee  to  nominate  candidates  in  years 
when  the  State  nominations  to  be  made  are  so  few  or 
unimportant  that  it  is  not  deemed  advisable  to  call 
the  State  convention  together.  Nominations  made  b\ 
a  majority  vote  of  such  committees  are  as  valid  as 
nominations  made  by  conventions,  but  the  resolution 


THE  NOMINATION  OF  CANDIDATES  73 

of  the  convention  granting  authority  to  make  them  must 
be  attached  to  the  certificate  of  nomination. 

131.  The  Party  Emblem.  —  In  States  where  illiterates 
are  allowed  to  vote,  it  is  customary  for  State  conventions 
to  adopt  a  "party  emblem."    This  emblem  is  printed 
upon  the  official  ballot  at  the  head  of  the  column  con- 
taining the  names  of  the  candidates  nominated  by  the 
party  to  which  the  emblem  belongs.    A  voter  who  cannot 
read  the  names  of  the  candidates  or  the  name  of  his 
party  is  thus  enabled  to  vote  his  party  ticket  by  making 
a  cross-mark   beneath   the  emblem   adopted   by   his 
party.    The  New  York  State  law  provides  that  no  two 
emblems  shall  be  alike,  and  it  forbids  the  use  of  the  seal 
or  coat  of  arms  or  flag  of  the  United  States  or  of  any 
State,  or  of  any  religious  symbol,  or  the  portrait  of  any 
person,  or  a  representation  of  any  coin  or  currency  of 
the  United  States.    The  Democratic  emblem   in  New 
York  State  is  a  star,  the  Republican  emblem  is  an  eagle 
upon  a  ballot-box,  the  Prohibition  emblem  is  a  fountain. 
Each  party  seeks  an  emblem  typical  of  its  principles. 
All  emblems  must  be  certified  and  recorded.     (§§  78, 
148.) 

132.  Nomination  by  Petition.  —The  great  majority 
of  the  candidates  elected  to  office  are  nominated  in  con- 
ventions, but  usually  most  of  the  candidates  whose 
names  appear  upon  the  official  ballot  to  be  voted  for  are 


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(ANSI  and  ISO  TEST  CHART  No.  2) 


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— — i  1653  Eost  Moin  Street 

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nominated  by  "petition"  or  "nomination  papers." 
In  order  to  protect  the  independent  voter  who  cannot 
participate  in  a  party  convention,  the  laws  of  nearly  all 
the  States  provide  that  candidates  may  be  placed  in 
the  field  without  the  holding  of  conventions.  To 
accomplish  this,  petitions  or  nomination  papers  must  be 
prepared,  giving  the  title  of  the  office  to  be  filled  and  the 
name  and  residence  of  each  candidate  who  is  to  be 
nominated.  Persons  circulating  petitions  must  adopt 
a  party  name,  and,  where  there  is  no  educational  qualifi- 
cation for  voters,  an  emblem.  Every  voter  who  signs  a 
nominating  petition  must  declare  that  he  is  qualified 
to  vote  and  that  it  is  his  intention  to  support  the  candi- 
dates named  in  the  petition.  No  voter  is  permitted  to 
sign  more  than  one  nominating  petition  for  the  same 
office,  and  the  petition  cannot  contain  the  names  of  more 
candidates  than  there  are  ofiices  to  be  filled.  Each 
signature  must  be  attested  before  a  notary  public  or 
other  officer  with  power  to  take  acknowledgments,  who 
must  certify  that  the  signer  is  personally  known  to 
him. 

133'  Signatures  required  to  Nominate.  —  Nominating 
petitions  must  contain  a  certain  number  of  sworn 
signatures,  specified  by  law  in  proportion  to  the  popu- 
lation of  the  territory  covered  by  the  office  to  be  filled. 
The  New  York  State  law  requires  6ooo  signatures  for 


■i'i 


THE  NOMINATION  OF  CANDIDATES  75 

a  State  nomination,  of  which  each  county  must  furnish 
at  least  50.  To  make  nominations  in  districts  smaller 
than  the  State,  but  greater  than  a  town  or  ward  of  a 
city,  1000  signatures  are  required.  Members  of  the 
Assembly  may  be  nominated  by  500  voters.  In  New 
York  City  and  Buffalo,  2000  signatures  are  required  to 
nominate  a  candidate  for  a  municipal  office;  in  other 
cities  of  more  than  50,000  population,  1000  signatures 
are  required,  and  in  the  smaller  cities,  500.  In  Massa- 
chusetts, 1000  voters  may  nominate  a  candidate  for  a 
State  office  by  petition,  and  all  other  candidates  to  be 
voted  for  in  a  general,  or  State,  election  may  be  nomi- 
nated by  one  voter  for  each  100  votes  cast  for  Gov- 
ernor in  the  last  preceding  election  in  the  territory 
covered  by  the  office  to  be  filled.  In  town  elections, 
the  signature  of  one  voter  in  50  is  required. 

134.  Abuse  of  Nominating  Petitions.  —The  right  to 
make  independent  nominations  by  petition  is  often 
taken  advantage  of  by  partisans  for  purposes  of  political 
strategy.  If  the  Democrats,  for  instance,  seem  likely 
to  have  the  support  of  the  workingmen  in  an  election, 
the  Republicans  may  cause  a  "labor  ticket"  to  be  nomi- 
nated by  petition  in  the  hope  of  attracting  the  labor 
vote  away  from  the  Democratic  candidates.  Of  course, 
under  such  circumstances,  the  connection  between 
the  Republican  Machine  and  the  "independent"  party 


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76  GOVERNMENT  BY  THE  PEOPLE 

is  carefully  concealed,  but  the  Republican  Machine 
supplies  the  signatures  necessary  to  make  the  nomi- 
nating petitions  valid  and  often  defrays  the  expenses  of 
the  "independent"  campaign.  This  is  a  violation  of 
both  the  letter  and  the  spirit  of  a  law  which  was  intended 
to  give  genuine  expression  to  the  wishes  of  independent 

voters. 

13s.  Forgery  of  Signatures.  —Gross  frauds  are  often 
perpetrated  in  the  forgery  of  signatures  to  nominating 
petitions.      Where  a  large  number  of  signatures  is  re- 
quired, half  a  dozen  men  sitting  around  a  table  have 
copied  names  from   the  City   Directory,  passing  the 
petitions  from  one  to  another  so  that  there  would  be  a 
variation  of  the  handwriting  on  each.    Such  frauds  can 
be  proved  only  by  the  verification  of  every  signature, 
and  the  perpetrators  of  them  have  never  had  any  trouble 
in  finding  dishonest  notaries  to  attest  false  signatures, 
although  the  offence  constitutes  the  crime  of  perjury. 
136.  Direct    Nomination.  —  Direct    nomination    of 
candidates  at  the  Primaries  is  provided  for  in  some  of  the 
States,  but  it  is  not  yet  general  in  practice.    It  is  usually 
confined  to  cities  and  to  the  nomination  of  candidates 
who  are  to  be  voted  for  in  districts  less  in  extent  than 
the  State.    In  other  words,  this  method  applies  to  the 
nomination  of  local  rather  than  State  officers.    It  is 
generally  optional  with  the  local  political  organizations 


THE  NOMINATION  OF  CANDIDATES 


77 


whether  they  shall  name  their  candidates  directly  at  the 
Primaries  or  by  conventions. 

137.  How  Direct  Nominations  are  Made.  —  Names  of 
candidates  for  direct  nomination  at  the  Primaries  may 
be  presented  in  petitions  signed  by  five  or  ten  voters 
in  the  district  for  which  the  nomination  is  to  be  made. 
The  signatures  must  be  verified  under  oath  and  the 
signers  must  be  members  of  the  party  to  which  their 
candidate  belongs.  The  names  of  all  candidates  thus 
proposed  must  be  arranged  in  party  columns  upon  an 
official  Primary  ballot,  or  printed  upon  separate  party 
ballots,  and  grouped  alphabetically  under  the  title  of 
the  office  for  which  they  are  designated.  The  party 
voter  must  indicate  his  choice,  either  by  placing  a  cross- 
mark  before  the  name  of  the  candidate  whose  nomina- 
tion he  favors,  or  by  marking  out  the  names  of  the 
candidates  whom  he  opposes.  The  candidate  receiving 
the  highest  number  of  votes  in  the  district  covered  by 
the  office  for  which  he  has  been  proposed  becomes  the 
nominee  of  his  party  for  that  office.     (§  277.) 

138.  The  New  Jersey  Method.  —  Instead  of  this 
direct  vote  at  the  Primaries  for  the  candidates  themselves, 
which  eliminates  the  convention,  the  party  voters  may 
elect  to  a  convention  delegates  who  are  pledged  to  vote 
for  designated  candidates  to  be  nominated  by  the  con- 
vention.   The  names  of  such  candidates  for  the  office 


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GOVERNMENT  BY  THE  PEOPLE 


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of  delegate  are  proposed  by  petition  and  placed  upon  the 
Primary  ballot,  coupled  with  the  names  of  the  candi- 
dates whom  they  are  pledged  to  support.  This  method 
has  been  used  effectively  in  New  Jersey.  In  systems 
of  direct  nomination,  the  casting  and  counting  of  the 
ballots  are  surrounded  by  all  the  safeguards  against 
fraud  that  are  applicable  to  Primary  or  regular  elec- 
tions. 

139.  Certification  of  Nominations. — The  nomina- 
tion of  party  candidates  for  office,  however  made,  must 
be  certified  either  by  the  officers  of  the  convention  which 
makes  them,  the  committee  appointed  by  a  convention  to 
nominate  or  to  fill  vacancies,  the  officials  with  whom 
nominating  petitions  are  filed,  or  the  officials  whose  duty 
it  is  to  declare  the  result  of  Primary  elections.  Unless 
objection  is  made,  or  the  candidates  named  decline  to 
serve,  the  names  of  the  nominees  must  be  placed  upon 
the  official  ballot.  All  nominating  proceedings  are 
reviewable  by  the  courts,  which  may  order  the  cor- 
rection of  errors  or  frauds.    (§  162.) 

140.  Preparation  of  the  Official  Ballot.  —  After  the 
nominations  have  been  made,  a  reasonable  interval  is 
allowed  for  filing  the  certificates  of  nomination  with  the 
board  or  official  whose  duty  it  is  to  prepare  the  official 
ballots.  Another  interval  is  permitted  for  declining 
nommations  and  the  filling  of  vacancies.    The  ballots 


THE  NOMINATION  OF  CANDIDATES  79 

are  then  printed,  and  they  cannot  be  changed  until 
election  day  unless  at  the  last  moment  a  candidate 
should  die.  To  meet  this  emergency,  official  "past- 
ers" containmg  the  name  of  a  substitute  candidate 
named  by  the  committee  to  fill  vacancies  may  be  pre- 
pared and  afl&xed  to  the  ballot.    (§  163.) 


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CHAPTER  VI 


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1  \ 


VOTING   ON   ELECTION   DAY 

MX.   Changes  in  Voting  Methods.  —Offices  may  be 
filled  either  by  direct  vote  of  the  qualified  voters,  or  indi- 
rectly by  bodies  composed  of  men  to  whom  the  voters 
have  delegated  their  power  to  elect.    The  two  methods 
resemble  the  direct  and  indirect  methods  of  making 
nominations;    but  the  indirect  method  is  almost  uni- 
versal for  nominating  candidates  for  office,  while  the 
direct  method  of  electing  them  is  employed  in  filling 
nearly  all  the  offices  which  are  filled  by  election.    Direct 
voting  has  undergone  many  modifications  in  this  coun- 
try.   Originally  each  voter  announced  his  choice  by 
word  of  mouth,  and  in  some  of  the  States  this  continued 
until  a  few  years  ago.    Kentucky  was  the  last  State  to 
abandon  it.    Voting  by  ballot  was  common  in  New 
England  before  the  Revolution,  and  it  was  practised  in 
half  of  the  States  when  the  Constitution  was  adopted. 
It  has  since  been  adopted  by  all  the  States. 

142.   Separation   of   Elections.  —  General   elections, 
or  elections  in  which  the  entire  voting  population  of  the 

State  participates,  are  usually  held  in  the  fall,  and  local 

80 


VOTING  ON  ELECTION  DAY 


8l 


elections,  for  choosing  county,  city,  town,  and  village 
officers,  in  the  spring.  This  separation  of  general  from 
local  elections  permits  the  voters  to  give  an  adequate 
share  of  their  attention  to  each.  Experience  has  shown 
that  the  greater  issue  nearly  always  overshadows  the 
lesser.  When  the  voters  are  engaged  in  the  election  of 
a  President,  they  are  likely  to  slight  the  issues  involved 
in  their  own  State  election,  because  of  their  interest  in 
the  national  election,  and  when  a  State  ticket  is  being 
chosen,  little  heed  is  paid  to  the  qualifications  of  candi- 
dates nominated  for  county,  city,  town,  or  village  offices. 

143-  Presidential  and  Congressional  Elections.  — 
National  elections  for  the  choice  of  the  President  and 
Vice-President  occur  every  four  years,  counting  from 
the  beginning  of  the  century.  Representatives  in  Con- 
gress are  elected  in  even-numbered  years.  These  elec- 
tions fall  on  the  first  Tuesday  after  the  first  Monday  in 
November,  and  they  are  subject  to  federal  laws  which 
may  be  enforced  by  the  national  authority  through 
United  States  Marshals  and  their  deputies  and  the  United 
States  courts.  The  term  of  office  of  the  President 
and  Vice-President  who  are  in  office  when  the  election 
X  held,  ends  at  midnight  on  March  3  following  the 
Presidential  election. 

144.  State  Elections.  —  In  nearly  all  the  States,  the 
Governor  and  the  State  officers  are  elected  for  either 


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GOVERNMENT  BY  THE  PEOPLE 


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two  or  four  years,  although  in  Massachusetts  and  Rhode 
Island  the  State  officials  are  elected  annually,  and  in 
New  Jersey  every  three  years.  As  a  rule,  the  terms 
of  these  officers  end  with  the  last  day  of  December 
following  the  election,  so  that  the  new  administration 
begins  with  the  new  year,  although  there  are  several 
exceptions  to  this.  Like  national  elections,  the  State 
elections  are  held  on  the  first  Tuesday  after  the  first 
Monday  in  November,  with  the  foUowng  exceptions:  — 

Arkansas  holds  its  election  on  the  first  Monday  in 
September ; 

Georgia  on  the  first  Wednesday  in  October ; 

Louisiana  on  the  second  Tuesday  in  April ; 

Maine  on  the  second  Monday  in  September ; 

Oregon  on  the  first  Monday  in  June ; 

South  Carolina  on  the  second  Tuesday  in  November ; 

Vermont  on  the  first  Tuesday  in  September. 

There  is  usually  much  interest  in  the  result  of  the 
September  State  elections  in  Maine  and  Vermont  in 
Presidential  years,  as  the  voting  in  those  two  States  is 
looked  upon  as  an  indication  of  the  drift  of  popular 
sentiment.  Each  party  tries  to  make  as  good  a  showing 
as  possible,  in  the  hope  that  an  increase  in  the  vote  for 
its  State  candidates  will  have  an  effect  upon  the  voters 
all  over  the  country.  The  first  Tuesday  after  the  first 
Monday  in  November  has  been  generally  adopted  as  the 


VOTING  ON  ELECTION  DAY 


83 


day  for  holding  elections,  because  the  harvests  have 
then  been  gathered,  winter  has  not  yet  set  in,  and  the 
voters  have  more  time  to  devote  to  the  campaign  and 
the  election  than  they  have  at  any  other  suitable  sea- 
son. 

145.  State  and  National  Elections.  —  In  States  which 
hold  their  general  elections  only  once  in  four  years,  the 
date  of  the  State  election  falls  in  the  even-numbered 
years  midway  between  the  national  elections.  In 
States  which  elect  their  State  officers  every  two  years, 
every  alternate  State  election  coincides  with  a  national 
election.  The  election  results  in  New  York  State  in 
recent  years  give  an  illustration  of  the  extent  to  which 
national  issues  overshadow  State  questions.  The 
national  trend  of  sentiment  since  1892  has  been  strongly 
Republican.  The  following  table  gives  the  pluralities 
for  President  and  Governor  in  New  York  State  since 
that  year: — 


Yeak 


1894 
1896 
1898 
1900 
1902 
1904 
1Q06 


EUCTION 


State 

National  and  State 

State 

National  and  State 

State 

National  and  State  , 
State  


Preside.vt's 
Plurality 


268,469 
143.606 

175.552 


GoVTlNOt's 

Pldiality 


156,180 

313,993 

17,794 

111,136 

8,803 

80,560 
57,897 


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GOVERNMENT  BY  THE  PEOPLE 


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It  will  be  noted  that  while  the  Republican  candidate 
for  President  carried  the  State  by  an  overwhelming 
plurality  in  the  last  three  Presidential  elections,  the 
Republican  candidate  for  Governor  in  the  "off  vears" 
of  1898  and  1902,  when  only  State  ofTicers  were  being 
elected,  narrowly  escaped  defeat.  In  1906  the  Repub- 
lican nominee  was  the  only  Republican  on  the  State 
ticket  to  be  elected.  The  wide  fluctuations  between  the 
vote  cast  for  Governor  in  years  wlien  national  issues 
were  being  discussed,  and  the  vote  ta.^t  in  years  when 
only  State  questions  were  being  decided,  are  typical  of 
the  disposition  of  the  voters  to  base  their  fkcisions  upon 
the  issues  that  they  deem  to  be  of  the  greatest  impor- 
tance, and  to  give  little  attention  to  anything  else. 

146.  Local  and  General  Elections.  —  In  nearly  all 
the  State-  an  attempt  is  made  to  separate  local  from 
general  elections.  In  New  York  State,  where  general 
elections  occur  biennially,  in  even-numbered  years,  the 
city  elections,  as  a  rule,  take  place  biennially  in  the 
odd-numbered  years.  County,  town,  and  \iilage  elec- 
tions usually  occur  in  the  spring  and  extend  over  several 
wef'ks  in  the  various  localities.  These  local  elections 
are  developments  of  the  town  meeting  which,  since  colo- 
nial times,  has  been  held  in  the  spring. 

147.  The  Australian  Ballot.  —The  adoption  of  the 
tyiH.'  of  ballo^   used  in  Australia  and  known  as  the 


VOTING  ON  ELECTION  DAY 


85 


"Australian  balloi  '  was  an  important  step  in  cloclion 
reform.  This  ballot  is  now  in  use  in  all  the  States 
of  the  Union  with  the  exception  of  a  few  of  the  Southern 
States.  Massachusetts  took  the  lead  by  adopting  it  in 
1888,  and  her  example  was  quickly  followed  by  other 
States.  The  Australian  system  provides  that  there 
shall  be  only  one  ballot  and  that  it  sliall  be  "ofHcial"; 
that  is,  printed  at  the  public  charge  and  containing  the 
names  of  all  the  candidates  regularly  nominated  for  the 
offices  to  be  filled  by  the  election  for  which  the  ballot  is  to 
be  used.  The  pure  form  of  the  Australian  ballot  is  most 
nearly  reproduced  in  the  Massachusetts  ballot,  where  the 
names  of  all  the  candidates  for  each  office  p.re  grouped 
together  under  the  title  of  the  office  and  arranged  in 
alphabetical  order.  Before  each  name  is  a  blank 
square  in  which  the  voter  must  make  a  cross-mark  to 
indicate  the  candidate  for  whom  he  desires  to  vote. 
No  State  has  adopted  the  Australian  system  in  its  entirety, 
since  in  some  of  its  features  it  is  unavailable  in  this 
country.  It  prondes  for  the  registration  of  all  voters 
by  districts,  the  no"iination  of  all  candidates  by  peti- 
tion, the  oflBcial  assessment  of  candidates  to  meet  the 
expense  of  printing  the  ballots,  the  exclusive  use  of  the 
official  ballots  upon  which  the  names  of  candidates 
must  be  printed  in  alphabetical  order,  and  the  prepara- 
tion of  the  ballot  by  the  voter  at  the  polling-place  in  a 


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i 


f  ^1 
Eli 


86 


GOVERNMENT  BY  THE  PEOPLE 


secret  voting  booth.  This  system  was  designed  chiefly 
for  the  election  of  Members  of  Parliament,  where  com- 
paratively few  candidates  are  to  be  voted  for. 

148.  The  Party  Column.  —  In  order  to  vote  the  Aus- 
tralian ballot  the  voter  must  be  able  to  read  the  names 
of  the  candidates  and  thus  select  from  the  alphabetical 
list  those  for  ^vhom  he  desires  to  vote.  This  creates  an 
educational  test  for  voters  which  has  been  held  to  forbid 
the  adoption  of  the  system  in  States  where  illiterates 
are  permitted  to  vote.  In  New  York  State  the  diffi- 
culty is  overcome  by  the  device  of  the  "party  emblem" 
and  the  "party  column."  The  names  of  all  the  candi- 
dates nominated  by  each  party  are  printed  in  a  separate 
party  column  beneath  the  party  emblem,  which  has 
been  described  in  the  chapter  on  Nominations.  (§131-) 
The  effect  of  this  arrangement  is  to  produce  a  series  of 
distinct  party  ballots  printed  side  by  side  upon  a 
"blanket  ballot,"  and  distinguished  from  one  another 
by  the  party  emblem  which  serves  the  purpose  of  a  po- 
litical trademark.  A  blank  cu-cle  is  placed  at  the  head 
of  each  party  column  immediately  under  the  emblem, 
and  the  voter  may  vote  for  all  the  candidates  of  a  party 
by  making  a  single  cross-mark  in  this  circle.  This  is 
known  as  voting  a  "straight  ticket." 

149.  New  York's  Voting  System.— Bearing  in  mind 
the  fact  that  the  voting  laws  of  the  various  States  pre- 


VOTING  ON  ELECTION  DAY 


87 


sent  differences  of  detail,  the  working  of  the  general 
system  may  be  illustrated  by  a  description  of  the  method 
adopted  by  New  York  State.  Before  the  arrival  of 
election  day  the  necessary  work  of  preparation  must 
have  been  completed.  Precautions  against  "  repeating  " 
have  been  taken  through  the  registration  of  voters  in 
such  a  manner  as  to  insure  an  opportunity  for  their 
identification  (§§  34-36);  nominations  have  been  made 
and  certified  to  the  officials  whose  duty  it  is  to 
print  the  official  ballots  (§  150);  the  polling-places 
have  been  designated  and  the  election  officers  ap- 
pointed. 

ISO.  The  Custodian  of  Elections.  —The  administra- 
tive work  involved  in  the  execution  of  the  election  laws 
is  made  the  duty  of  certain  designated  officials.  In 
New  York  City  they  are  the  four  members  of  the  Board 
of  Elections,  who  are  appointed  by  the  Mayor.  Not 
more  than  two  members  of  this  Board  may  belong  to  the 
same  political  party,  and  the  chairmen  of  the  local  com- 
mittees of  the  parties  casting  the  highest  and  the  next 
highest  number  of  votes  for  the  office  of  Governor  in  the 
last  preceding  general  election  may  suggest  names  for 
appointment.  The  term  of  office  of  the  members  of 
the  Board  is  two  years,  and  the  salary  $5000  a  year. 
The  Board  receives  certificates  of  nomination,  prepares 
and  prints  the  official  ballots,  defines  election   districts. 


:l 


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88 


GOVERNMENT  BY  THE  PEOPLE 


ri 


selects  polling-places  and  furnishes  them  with  supplies, 
publishes  notices  and  advertisements,  receives  and 
tabulates  election  returns,  and  issues  certificates  of  elec- 
tion. These  duties  are  performed  by  a  Commissioner 
of  Elections  in  the  city  of  Buffalo  and  the  County  of 
Westchester  and  by  county  clerks  or  town  clerks  in 
other  parts  of  the  State.  The  designation  of  the  Board 
or  official  performing  these  duties  is  "Custodian  of 
Elections."    (§  82.) 

151.  Other  Election  Officers.  — To  distribute  the 
ballots  and  to  supervise  the  voting,  four  election  inspec- 
tors, two  poll-clerks,  and  two  ballot-clerks  are  appointed 
for  each  polling-place.  These  officers  are  divided  equally 
between  the  two  leading  political  parties  in  the  State, 
and  they  must  be  selected  from  lists  furnished  by  the 
party  committees  in  each  county.  In  New  York  City 
they  are  appointed  by  the  Board  of  Elections;  in  other 
cities  by  the  Mayor,  and  in  towns  by  the  Town  Board. 
In  cities  their  term  of  office  is  one  year  and  in  towns  two 
years.  They  must  be  qualified  voters,  of  the  county  if 
in  cities,  and  of  the  election  district  in  which  they  serve 
if  in  towns.  They  must  be  of  good  character,  able  to 
read  and  write,  and  generally  familiar  with  the  duties 
of  their  office.  No  candidate  and,  with  few  exceptions, 
no  office-holder  may  serve  as  an  election  official.  In 
New  York  City  the  inspectors  and  poll-clerks  receive 


VOTING  ON  ELECTION  DAY 


89 


$7.50  for  each  registration  day  and  $12  for  election 
day.  The  ballot-clerks  receive  $8  for  election  day. 
Elsewhere  each  of  these  officers  receives  $5  for  each  day 
of  service. 

152.  Duties  of  Election  Inspectors.  —The  four  inspect- 
ors of  election  are  in  charge  of  the  polling-place  on 
election  day.  It  is  their  duty  to  see  that  the  law  is  en- 
forced, to  open  and  close  the  polls  at  the  time  appointed, 
to  preserve  order,  to  see  that  only  registered  voters  are 
allowed  to  vote,  to  prevent  interference  with  voters,  to 
receive  and  deposit  the  ballots,  to  hear  challenges 
and  administer  the  prescribed  oaths,  to  count  the  votes, 
proclaim  the  result,  and  certify  the  returns  to  the  Cus- 
todian of  Elections  and  other  officials  in  accordance  with 
the  requirements  of  the  law.     (§§  38,  91.) 

153.  Duties  of  Poll-clerks.  —The  poll-clerks  are  re- 
quired to  keep  a  record  of  the  voters  upon  a  "poll- 
book,"  entering  the  name  of  each  voter  together  with 
the  number  of  the  ballot  which  he  voted.  They  must 
also  keep  a  detailed  record  of  the  count  of  the  votes 
upon  a  "tally-sheet."     (§§  173,  184,  190.) 

154.  Duties  of  Ballot-clerks. — The  ballot-clerks 
have  charge  of  the  official  ballots.  They  must  deliver 
them  to  the  voters  as  they  are  called  for  and  keep  a 
statement  showing  how  many  ballots  were  voted, 
how  many  were  spoiled,  and  how  many  were  returned 


\ 


!i 


•4 


90 


GOVERNMENT  BY  THE  PEOPLE 


to  the  Custodian  of  Elections.  These  various  records 
and  statements  are  intended  to  be  checks  upor  ^1'  the 
others.  If  properly  kept,  they  should  show  at  the  ciose 
of  the  polls  what  became  of  each  ballot  and  the  totals 
should  agree.  The  total  number  of  votes  cast  for  a 
candidate  should  be  the  same  on  the  ofl&cial  return 
made  by  the  inspectors  and  on  the  tally-sheet  kept  by 
the  poll-clerks,  and  both  records  should  coincide  with  the 
statement  made  by  the  ballot-clerks  of  the  number  of 
ballots  voted.  This  prevents  the  remove  1  from  the 
ballot-box  of  ballots  actually  voted,  and  it  renders 
the  "stuflSng"  of  the  ballot-box  with  ballots  not  actually 
prepared  by  voters  impossible.     (§§  172-176.) 

iSS.  Watchers  and  Challengers.  —  Each  political 
party  or  independent  political  organization  may  ap- 
point two  "watchers"  for  every  polling-place.  These 
watchers  are  entitled  to  be  present  within  the  "  guard- 
rail" which  surrounds  the  ballot-boxes  and  the  voting 
booths  and  to  se°  •..'  that  is  done  there  by  the  election 
officials  and  the  voiers  in  the  conduct  of  the  election. 
It  is  theu:  function  to  see  that  the  election  officers  do 
their  duty.  Every  political  party  or  organization  may 
also  appoint  one  "challenger."  The  challengers  are 
not  allowed  to  enter  behind  the  guard-rail.  It  is  their 
function  to  challenge  any  voter  whose  right  to  vote  is 
open  to  question.    (§§  94,  161.) 


VOTING  ON  ELECTION  DAY 


91 


156.  Electidneering  Forbidden.  —  While  the  polls 
are  open,  electioneering  within  a  hundred  feet  of  the 
entrance  to  the  polling-place  is  forbidden.  The  inspect- 
ors are  required  to  post  "distance  cards"  to  mark  the 
hundred-foot  limit.  No  political  banner  or  poster  may 
be  displayed  in  the  polling-place  or  upon  the  building 
containing  the  polling-place. 

157.  Restrictions  upon  the  Polling-place.  — There 
must  be  one  polling-place  in  each  election  district.  It 
must  be  in  a  room  of  "reasonable  size,"  large  enough 
to  contain  ten  men  outside  the  "guard-rail"  which 
surrounds  the  voting  booths  and  the  ballot-boxes. 
The  polling-place  cannot  be  in  any  building  in  cities, 
and  outside  of  cities  in  any  room,  where  liquor  has  been 
sold  within  thirty  days  of  the  election,  and  no  liquor 
may  be  brought  into  the  polling-place  on  election  day 
or  dispensed  within  a  quarter  of  a  mile  of  any  polling- 
place  while  the  polls  are  open.  This  provision  is 
intended  to  prevent  the  influencing  of  voters  by  "  treat- 
ing." The  location  of  the  polling-places  in  each  elec- 
tion district  mist  be  advertised  on  the  day  before  the 
election  and  on  election  day.  Not  more  than  one 
polling-place  can  be  in  the  same  room  nor  more  than 
two  in  the  same  building. 

158.  Distribution  of   Supplies.  — The  polling-places 
must  be  furnished  by  the  Custodian  of  Elections,  at  the 


W 


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t 


92 


GOVERNMENT  BY  THE  PEOPLE 


'« 


public  expense,  with  ballots,  ballot-boxes,  guard-rails, 
voting  booths,  and  other  necessary  articles.  These 
supplies  must  be  delivered  before  the  opening  of  the 
polls,  and  such  of  them  as  are  not  used  up  must  be  re- 
turned to  the  Custodian  after  the  polls  close. 

159.  Ballot-boxes.  —  Ballot-boxes  must  be  of  suffi- 
cient size  to  contain  all  ballots  that  may  legally  be 
cast  in  the  election  district.  They  must  be  provided 
with  a  lock  and  key  and  they  must  have  an  opening  in 
the  top  just  large  enough  to  admit  a  single  official  ballot. 
This  is  to  prevent  "stuffing"  by  placing  two  or  more 
ballots  in  the  box  at  the  same  time.  At  least  three  boxes 
must  be  provided  for  each  polling-place  —  one  for  the 
ballots  voted,  one  for  the  "stubs,"  and  one  for  spoiled 
and  mutilated  ballots.  Additional  boxes  must  be 
provided  for  amendments  to  the  Constitution  and  other 
questions  submitted  to  the  voters,  and  each  box  must 
be  plainly  mar':ed  to  indicate  what  it  is  to  contain. 

160.  Voting  Booths.  —  Every  polling-place  must  be 
equipped  with  at  least  one  voting  booth  for  each  seventy- 
five  voters  who  have  registered  in  the  election  district. 
The  booths  must  ^c  not  less  than  three  feet  square  and 
six  feet  high,  and  they  must  be  inclosed  on  all  four  sides 
so  that  secrecy  may  be  assured  to  the  voter  while  he  is 
preparing  his  ballot.  The  door  of  the  booth  can  extend 
only  to  within  two  feet  of  the  floor  so  that  it  may  be  seen 


VOTING  ON  ELECTION  DAY 


93 


whether  a  booth  is  occupied  and  whether  more  than  one 
person  is  inside.  Each  booth  must  be  clearly  lighted 
and  it  must  have  a  shelf  placed  at  a  convenient  height 
and  provided  with  pencils  having  black  leads  for  mark- 
ing the  ballots. 

i6i.  The  Guard-rail.  —  The  guard-rail  must  be 
placed  six  feet  away  from  the  ballot-boxes  and  the 
voting  booths  and  in  such  a  manner  as  to  prevent  ac- 
cess to  them  while  not  obstructing  a  clear  view  of  them 
from  outside  the  rail.  A  gateway  through  the  rail  must 
be  provided  for  entrance  and  exit.  The  guard-rail  is 
intended  to  keep  Machine  "workers"  and  "heelers" 
away  from  the  ballot-boxes  and  polling-booths  so  as  to 
prevent  interference  with  voters.     (§§  94,  155.) 

162.  Filing  of  Nominations. — Nominations  which 
are  to  be  voted  for  in  more  than  one  county,  excepting 
the  counties  contained  in  the  city  of  New  York,  must 
be  filed  with  the  Secretary  of  State.  All  other  nomi- 
nations must  be  filed  with  the  Custodian  of  Elections 
in  the  city,  county,  town,  or  village  where  the  candi- 
dates are  to  be  voted  for.  The  Secretary  of  State,  four- 
teen days  before  the  election,  must  certify  all  nomina- 
tions filed  with  him  to  the  Custodian  of  Elections  in 
each  subdivision  of  the  State  which  is  entitled  to  vote  for 
them.  If  a  State  official  is  to  be  elected,  this  certifica- 
tion of  candidates  must  go  to  all  the  Custodians  of  Elec- 


i 


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u 


94 


GOVERNMENT  BY  THE  PEOPLE 


-t 


tions  in  the  State.  If  a  Justice  of  the  Supreme  Court 
is  to  be  chosen,  the  certification  of  candidates  for  the 
ofl&ce  must  go  to  all  the  Custodians  of  Elections  within 
the  Judicial  District.     (§  139.) 

163.  Preparation  and  Distribution  of  Ballots.  —  In 
this  manner  the  Custodians  of  Elections,  either  through 
the  filing  of  nominations  directly  with  them  or  through 
the  certification  of  nominations  by  the  Secretary  of  State, 
receive  a  full  official  list  of  all  the  nominations  for  offices 
to  be  voted  for  in  the  territory  under  their  jurisdiction. 
From  these  lists  they  are  required  to  make  up  "  sample 
ballots,"  which  must  be  printed  and  ready  for  inspec- 
tion five  days  before  the  election,  and  official  ballots, 
which  must  be  ready  four  days  before  the  election. 
In  all  parts  of  the  State  excepting  New  York  City  and 
Buffalo,  the  official  ballots  must  be  delivered  to  the  elec- 
tion inspectors  on  the  Saturday  before  election  day,  and 
in  New  York  City  and  Buffalo  at  least  half  an  hour 
before  the  opening  of  the  polls.  There  must  be  once 
and  a  half  as  many  official  ballots  as  there  are  registered 
voters  in  each  election  district.     (§  140.) 

164.  Printing  the  Ballots.  — Minute  provision  is 
made  by  the  law  regarding  th«i  preparation  of  the 
official  ballots  so  that  they  shall  be  uniform  in  appear- 
ance, presenting  no  characteristics  that  will  enable  the 
inspectors  to  determine  how  a  voter  has  voted.    The 


VOTING  ON  ELECTION  DAY 


95 


names  of  the  candidates  of  each  party  must  be  printed 
in  black  ink  in  parallel  columns  under  the  party  emblem 
and  name,  upon  white  paper  of  specified  quality.  The 
first  place  on  the  ballot,  from  left  to  right,  is  assigned  to 
the  candidates  of  the  party  which  cast  the  highest  num- 
ber of  votes  in  the  last  preceding  State  election,  and  the 
second  place  to  the  candidates  of  the  party  casting  the 
next  highest  number  of  votes.  Each  of  the  other  parties 
has  a  separate  column  for  its  ticket  and  the  last  place 
on  the  ballot  is  reserved  for  a  "  blank  column,"  contain- 
ing only  the  designation  of  the  offices  that  are  to  be  filled. 
In  this  column  the  voter  may  write  the  names  of  any 
persons  for  whom  he  desires  to  vote,  whose  names  do 
not  appear  elsewhere  upon  the  ballot.  The  blank  col- 
umn preserves  the  voter's  liberty  of  choice  as  prescribed 
by  the  Constitution  of  the  State.  Without  it  he  would 
be  either  compelled  to  vote  for  candidates  regularly 
nominated  or  he  would  be  deprived  of  his  vote  from  a 
cause  not  recognized  by  the  Constitution. 

165.  The  Stub  and  the  Ballot.  —  Across  the  top  of 
each  ballot  is  the  "stub,"  two  inches  wide  and  divided 
from  the  ballot  itself  by  a  perforated  line,  so  that  it  may 
easily  be  torn  off.  Upon  the  inner  face  of  the  stub  are 
printed  brief  instructions  to  voters  for  marking  the 
ballot  and  upon  its  back  the  number  of  each  ballot, 
beginning  with  "No.  i"  and  increasmg  in  regular  nu- 


if 


M 


iii 


96 


GOVERNMENT  BY  THE  PEOPLE 


merical  order.  Upon  the  inner  face  of  the  ballot  the 
names  of  the  candidates  are  printed  in  the  manner 
already  described  and  u{X)n  its  back  are  the  words 
"Official  Ballot,"  the  designation  of  the  Assembly  Dis- 
trict, and  the  election  district  in  which  the  ballot  is  to  be 
voted,  and  a  facsimile  of  the  signature  of  the  official 
who  caused  the  ballot  to  be  printed,  which  is  intended  to 
prevent  counterfeiting.  This  form  identifies  the  ballot 
given  to  each  voter  up  to  the  time  when  the  stub  is  torn 
off,  immediately  before  the  ballot  is  deposited  in  the 
ballot-box.  After  the  stub  has  been  detached  the 
ballots  cast  in  eacli  election  district  are  precisely  alike. 

166.  Instruction  Cards. —  In  addition  to  the  direc- 
tions for  marking  the  ballot  which  are  printed  on  the 
stubs,  each  polling-place  must  be  provided  with  twelve 
"instruction  cards"  printed  in  English  and  twelve 
more  printed  in  such  other  languages  as  the  Custodian 
of  Elections  may  direct.  These  cards  must  contain 
full  instructions  for  obtaining,  marking,  and  voting 
the  official  ballots  and  also  a  copy  of  the  Penal  Code 
provisions  relating  to  crimes  against  the  elective  fran- 
chise. 

167.  Locking  the  Ballot-boxes.  —The  election  offi- 
cials are  directed  to  have  everything  in  readiness  in  the 
polling-places  before  the  time  set  for  opening  the  polls. 
Before  any  ballots  are  cast,  the  inspectors  are  required 


VOTING  ON  ELECTION  DAY 


97 


to  open  the  ballot-boxes,  permit  the  watchers  to  examine 
them  so  as  to  ascertain  that  they  are  empty  and  have 
not  been  "stuffed"  in  advance,  and  then  to  lock  them 
again  in  full  view  of  the  watchers.  When  they  have 
been  thus  locked,  they  cannot  be  reopened  until  after 
the  polls  have  closed. 

x68.  Election  Officers  sworn  to  Secrecy.  —  Before 
the  voting  begins  each  election  officer  must  take  an  oath 
not  to  try  to  persuade  any  voter  to  vote  for  any  particu- 
lar candidate,  not  to  make  any  private  memorandum 
of  anything  occurring  in  the  polling-place,  and  not  to 
reveal  to  any  person  the  name  of  any  candidate  Vv. 
for  by  any  voter,  or  what  ticket  he  voted,  excepting  m 
a  judicial  proceeding  for  a  violation  of  the  election  law. 
This  provision  is  designed  to  prevent  the  election  offi- 
cials from  giving  information  as  to  whether  a  purchased 
voter  has  carried  out  his  bargain  to  vote  a  certain  ticket. 

169.  Opening  the  Polk.  — One  of  the  election  inspec- 
tors must  be  designated  by  the  board  of  inspectors  to 
receive  the  ballots  from  voters  and  to  place  them  in  the 
ballot-box.  As  this  post  gives  an  opportunity  for  fraud, 
if  the  inspectors  cannot  agree  as  to  which  of  them  shall 
have  it,  the  choice  must  be  decided  by  lot.  At  the 
hour  of  six  o'clock  in  the  morning  the  inspectors  must 
proclaim  orally  that  the  polls  are  open  and  that  they  will 
remain  open  until  five  o'clock  in  the  afternoon. 


t  ■. 


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98 


GOVERNMENT  BY  THE  PEOPLE 


'» 


170.  lliintenance  of  Order.  —  While  the  polls  arc 
open,  no  person  is  permitted  to  be  inside  the  inclosure 
formed  by  the  guard-rail  excepting  the  election  otficials 
and  the  watchers,  voters  who  desire  to  vote,  candidates 
for  office,  and  persons  admitted  to  preserve  order  or 
to  enforce  the  law.  This  provision  Is  intended  to  pre- 
vent intimidation,  electioneering,  and  confusion  about 
the  ballot-boxes. 

171.  Identification  of  the  Voter. —  When  a  voter 
presents  himself  at  the  polling-place,  he  must  announce 
his  name  and  address.  The  inspectors  examine  the 
registry  list  and  if  they  find  that  he  is  registered,  they 
must  announce  the  fact.  The  voter  at  least  in  theory 
is  thus  identified.    (§  46.) 

173.  Delivery  of  the  Ballots.  —  After  the  identifica- 
tion has  been  made  the  ballot-clerks  deliver  to  the  voter 
an  official  ballot,  calling  out  the  name  of  the  voter  and 
the  number  printed  upon  the  stub  of  the  ballot  delivered 
to  him.    The  ballot  must  be  folded  ready  for  voting. 

(§  154.) 

173.  Voter's  Name  Recorded.  —  Upon  the  delivery 
of  the  ballot  to  the  voter  each  of  the  oU-clerks  must 
enter  upon  his  poll-book  the  voter's  name  as  announced 
by  the  ballot-clerks  and  the  number  of  his  ballot.  This 
entry  serves  as  a  check  on  the  records  kept  by  the 
inspectors  and  the  ballot-clerks.    (§  153.) 


VOTINO  ON  ELECTION  DAY 


99 


174.  Accetf  to  the  Ballot-bozet.  —  As  soon  as  he 
has  received  his  ballot  the  voter  must  go  alone  into  one 
of  the  voting  booths,  unfold  the  ballot,  and  mark  it  as 
he  desires.  He  is  not  {KTmitted  to  occupy  the  booth 
for  more  than  five  minutes  if  there  are  other  voters  wait- 
ing their  turn  to  enter.  This  limitation  precludes  the 
trick  of  preventing  access  to  the  ballot-boxes  by  holding 
the  booths.    (§  7.) 

175.  Identification  of  Ballots  Prohibited.  —The  voter 
is  forbidden  to  mark  his  allot  in  such  a  way  that  it  can 
be  identified  after  it  has  been  placed  in  the  ballot-box. 
The  object  of  this  prohibition  is  to  prevent  him  from 
selling  his  vote  and  then  distinguishing  his  ballot  by 
some  peculiarity  that  will  prove  to  the  satisfaction  of 
the  purchasers  that  he  has  kept  his  agreement.  All 
marks  on  the  ballot  must  be  made  with  a  pencil  having 
a  black  lead.  The  ballot  must  not  be  torn  or  defaced 
by  any  erasure,  and  nothing  can  be  placed  upon  it 
excepting  the  prescribed  cross-mark  and,  in  the  blank 
column,  the  name  of  any  person  not  regularly  nomi- 
nated for  whom  the  voter  may  desire  to  vote.  Unless 
these  rules  are  strictly  observed  the  ballot  will  be  re- 
jected in  the  count. 

176.  Spoiled  Ballots.  —  If  a  voter  accidentally  spoils 
his  ballot  by  an  error  of  marking  or  otherwise,  he  must 
return  it  to  the  ballot-clerks,  who  are  required  to  receive 


I 

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100  GOVERNMENT  BY  THE  PEOPLE 


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the  ballot,  tear  off  the  stub,  and  deposit  both  the 
spoiled  ballot  and  the  stub  in  boxes  provided  for  the 
purpose  of  receiving  them.  The  ballot-clerks  must 
then  give  the  voter  a  new  ballot,  observing  all  the  for- 
malities that  attended  the  delivery  of  the  original  ballot. 
No  voter  may  receive  more  than  three  ballots  in  this  way, 
and  if  he  cannot  prepare  his  ballot  properly  after  the 
third  trial,  he  loses  his  vote.  The  records  must  show 
what  has  become  of  each  ballot  delivered,  so  as  to  make 
sure  that  no  voter  has  succeeded  in  getting  more  than 
one  ballot  into  the  ballot-box.    (§  154-) 

177.  Physical  Disability.  —  If  a  voter  is  physically 
disabled,  he  must  state  the  fact  when  he  registers. 
Physical  disability  i3  defined  by  the  law  as  blindness, 
loss  or  disability  of  both  hands,  or  inability  to  enter 
the  voting  booth  unassisted.  When  a  physically  dis- 
abled voter  presents  himself  to  vote,  two  inspectors 
of  election  of  opposite  political  faith  must  enter  the 
booth  with  him  and  assist  him  in  preparing  his  ballot. 
This  assistance  is  also  accorded  to  illiterate  voters  in 
districts  where  personal  registration  is  not  required. 
The  voter  must  swear  that  he  is  actually  disabled  and 
a  record  must  be  kept  of  the  fact  that  he  received 
assistance.  If  a  false  oath  is  made,  or  if  the  inspectors 
attempt  to  influence  the  voter,  or  if  tney  reveal  how 
he  voted,  the  ofJence  may  be  punished  as  a  felony  by 


VOTING  ON  ELECTION  DAY 


101 


imprisonment  of  from  two  to  ten  years.  This  pro- 
vision of  the  law  makes  it  possible  for  voters  who  are 
actually  disabled  to  vote,  and  at  the  same  time  pre- 
vents purchasable  voters  from  pretending  disability 
for  the  purpose  of  selling  their  votes. 

178.  Challenges.  — The  right  of  any  person  to  vote 
on  election  day  may  be  challenged  at  the  polls,  either 
when  he  receives  his  ballot  or  when  he  offers  to  de- 
posit it.  The  challenge  may  be  made  by  any  qualified 
voter.  It  may  be  based  on  the  assertion  that  the  voter 
challenged  is  not  the  person  whom  he  pretends  to  be, 
that  he  is  not  legally  qualified  in  age,  length  of  residence, 
or  citizenship  to  vote  in  the  election,  that  he  has  been 
bribed,  or  that  he  has  been  convicted  of  a  felony. 
The  inspectors  must  challenge  every  person  whom 
they  know  or  suspect  to  be  not  qualified  to  vote,  and 
every  person  who  was  challenged  when  he  presented 
himself  for  registration,  unless  the  challenge  has  pre- 
viously been  withdrawn.    (§  51.) 

179.  Swearing  in  a  Vote.  —  When  a  person  who 
has  been  challenged  insists  upon  his  right  to  vote,  the 
inspectors  are  required  to  put  to  him  a  "preliminary 
oath"  in  which  he  is  asked  to  swear  that  he  will  truly 
answer  all  questions  put  to  him  regarding  his  place  of 
residence  and  his  qualifications  as  a  voter.  If  he  takes 
this  oath,  the  inspectors  must  then  ask  him  his  name; 


I 


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102 


GOVERNMENT  BY  THE  PEOPLE 


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his  residence;  where  he  lived  before  he  entered  the 
election  district;  whether  he  is  a  native  or  a  naturalized 
citizen,  and  if  naturalized,  when  and  where  he  was 
admitted  to  citizenship;  whether  he  came  into  the 
election  district  for  the  purpose  of  voting  there;  and 
how  long  he  intends  to  reside  in  the  district.  If  he 
refuses  to  answer  any  of  these  questions,  his  vote  must 
be  rejected.  If  he  does  answer  them  and  his  answers 
seem  to  disqualify  him  as  a  voter,  the  inspectors  must 
point  out  to  him  the  respect  in  which  he  seems  to  be 
disqualified.  If  he  then  still  insists  that  he  has  a  right 
to  vote,  the  inspectors  are  required  to  administer  to 
him  the  "general  oath."  This  oath  compels  him  to 
swear  that  he  is  in  all  respects  a  qualified  voter ;  that 
he  has  not  engaged  in  any  form  of  bribery  of  voters ; 
that  he  is  not  interested  in  the  result  of  any  wager 
on  the  election ;  and  that  he  has  not  been  convicted 
of  any  crime  which  would  debar  him  from  voting. 
If  he  refuses  the  oath,  his  vote  must  be  rejected ;  but 
if  he  takes  the  oath,  his  ballot  must  be  received.  The 
inspectors  of  election  are  not  empowered  to  reject 
the  ballot  of  any  person  who  takes  the  required  oaths, 
even  though  they  may  be  convinced  that  it  is  fraudu- 
lent; but  any  person  making  a  false  oath  is  liable  to 
arrest  and  severe  punishment.  The  challenge  is  in- 
tended to  prevent  bribery  and  repeating  and  to  ron- 


VOTING  ON  ELECTION  DAY 


103 


fine  the  voting  privilege  to  persons  who  are  legally 
entitled  to  it.  The  election  inspectors  must  keep 
a  record  of  all  challenges  made. 

180.  Marking  the  Ballot.  —  Having  received  his 
ballot  and  retired  into  a  voting  booth,  the  voter  must 
proceed  at  once  to  prepare  it  for  deposit  in  the  ballot- 
box  In  New  York  State  there  are  two  ways  of  mark- 
ing the  ballot.    They  are  as  follows:  — 

First:  The  voter  may  make  a  cross-mark  in  the 
blank  square  in  front  of  the  name  of  each  candidate 
for  whom  he  wishes  to  vote,  and  if  the  name  ^  any 
candidate  whose  election  he  desires  is  not  printed  on 
the  ballot,  he  may  write  it  in  the  blank  column  under 
the  title  of  the  appropriate  oflSce.  If  he  adopts  this 
method  of  marking,  the  voter  should  make  no  mark 
in  any  of  the  circles  at  the  top  of  the  party 
columns. 

Second:  If  the  voter  desires  to  support  all  the 
candidates  nominated  by  a  party,  he  may  make  one 
cross-mark  in  the  circle  at  the  top  of  the  party  column 
and  beneath  the  emblem  of  the  party  for  whose  candi- 
dates he  desires  to  vote.  This  single  cross-mark  gives 
each  of  the  candidates  whose  names  are  printed  in 
the  column  below  it  one  vote  and  is  known  as  voting 
a  "straight  ticket,"  But  if  the  column  contains  the 
name  of  any  candidate  whom  the  voter  does  not  wish 


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104 


GOVERNMENT  BY  THE  PEOPLE 


he 


ly  avoid  voting  for  that  candidate 
by  placing  a  cross-mark  before  the  name  of  another 
candidate  for  the  same  office  in  another  column. 
This  is  known  as  voting  a  "split  ticket."  The  mark 
in  the  circle  at  the  head  of  the  column  signifies  a  vote 
for  all  the  candidates  in  that  column  unless  the  voter 
makes  an  exception  by  placing  a  cross-mark  before 
the  name  of  a  candidate  in  another  column. 

These  two  methods  of  marking  the  ballot  are  wholly 
distinct  and  should  not  be  confused.  If  the  voter 
desires  to  designate  individually  each  candidate  for 
whom  he  wishes  to  vote,  he  should  make  no  mark  in 
any  of  the  circles  at  the  top  of  the  ballot,  ^le  cannot 
vote  for  more  candidates  than  there  are  offices  to  be 
filled.  Thus,  he  may  vote  for  only  one  candidate 
for  Governor;  one  candidate  for  District  Attorney; 
three  candidates  for  Supreme  Court  Justice,  if  there 
are  three  vacancies  to  be  filled;  and  four  candidates 
for  Coroner,  if  there  are  four  Coroners  to  be  elected. 
In  the  individual  method  of  voting,  cross-marks  placed 
before  the  names  of  two  candidates  for  the  same  office 
nullify  the  vote  fo^  that  office,  since  it  is  impossible 
to  determine  which  of  the  two  candidates  the  voter 
intended  to  support.  Where  several  candidates  are 
nominated  to  nil  vacancies  in  the  same  office,  a  cro>^s- 
mark  before  the  name  of  one  of  them  is  a  vote  against 


VOTING  ON   ELECTION   DAY 


105 


all  the  other  candidates  for  that  office  whose  names 
are  printed  on  the  same  horizontal  line  in  other  columns 
of  the  ballot,  unless  a  cross-mark  is  also  placed  Ijefore 
the  names  of  other  candidates  on  the  same  line  for 
whom  the  voter  desires  to  vote.  Therefore  when 
d  more  than  one  vacancy  for  the  same  office  exists,  the 

voter  should  indicate  by  cross-marks  all  the  candidates 
for  that  office  for  whom  he  desires  to  vote,  unless  he 
votes  a  "straight  ticket,"  when  only  the  mark  in  the 
circle  is  necessary.  Speaking  generally,  each  cross- 
mark  counts  as  a  vote  for  the  candidate  before  whose 
name  it  is  placed,  and  the  voter  may  thus  vote  for  as 
many  candidates  as  he  desires  to  support.  He  is  not 
compelled  to  vote  for  a  candidate  for  each  office  to 
be  filled  unless  he  chooses  to  do  so. 

181.  Marks  in  Party  Circles.  —  If  the  voter  makes 
a  cross-mark  in  a  circle  at  the  head  of  a  party  column, 
he  should  not  mark  within  the  circle  at  the  head  of 
any  other  party  column.  Ballots  marked  in  two  party 
circles  are  counted  only  for  candidates  in  one  of  the 
marked  columns  who  happen  to  have  no  opponent 
in  the  other  marked  column.  If  each  column  con- 
tains a  full  ticket,  the  marks  in  the  two  circles  nullify 
each  other  and  render  the  ballot  ^'oid.  If  a  cross- 
mark  is  placed  in  a  circle  and  the  names  of  the  candi- 
dates in  the  column  beneath  the  circle  are  also  marked, 


I: 


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GOVERNMENT  BY  THE  PEOPLE 


the  ballot  will  still  be  counted,  although  in  such  a  case 
the  mark  in  the  circle  is  unnecessary. 

1 8a.  Illegal  Markings. — Aside  from  the  names 
of  candidates  written  in  the  "blank  column,"  no  other 
mark  excepting  a  cross-mark  in  one  of  the  circles  at 
the  bead  of  a  column  and  cross-marks  in  the  blank 
spaces  before  the  names  of  candidates  in  other  columns 
can  be  placed  upon  the  ballot  without  running  the  risk 
of  nullifying  it.  Two  straight  lines  crossing  each  other 
at  any  angle  constitute  a  cross-mark.  They  should 
be  wholly  within  the  voting  space.  Ballots  are  thrown 
out  in  the  count  when  one  of  the  lines  of  the  cross- 
mark  is  curved  or  has  a  flourish  at  the  end,  or  when 
it  extends  beyond  the  outer  line  of  the  circle  or  square 
within  which  it  is  made.  The  purpose  of  these  rules 
is  to  prevent  a  voter  from  agreeing  to  sell  his  vote  and 
then  furnishing  proof,  by  marking  his  ballot  in  such 
a  manner  as  to  distinguish  it,  that  he  has  carried  out 
his  agreement.  While  the  courts  hold  that  a  ballot 
should  be  counted  whenever  it  is  possible  to  determine 
the  intent  of  the  voter,  the  law  compels  the  rejection 
of  any  ballot  which  seems  to  indicate  that  in  marking 
it  the  voter  attempted  to  distinguish  it  from  other 
ballots. 

183.  Procedure  after  Marking. — WTien  the  voter 
has  mark'  i  his  ballot,  he  must  refold  it  as  it  was  folded 


VOTING  ON  ELECTION  DAY 


107 


when  he  received  it,  in  such  a  manner  as  to  conceal 
its  face  and  to  show  the  indorsement  upon  its  back,  so 
that  the  inspector  may  know  that  it  is  an  official  ballot. 
He  must  then  leave  the  voting  booth  and  hand  the 
folded  ballot  to  the  inspector  who  has  been  chcsen  to 
receive  it. 

184.  Prevention    of    Substitution. —The    inspector 
must  take  the  ballot  and  ascertain  the  ballot  number 
on  the  stub.    He  must  then  announce  the  name  of 
the  voter  and  the  number  of  the  ballot ;  as,  for  exam- 
ple,   "John  Smith   votes   ballot   number    sixty-two." 
The  poll-clerks  must  determine  from  the  entry  which 
they  made  in  their  books  when  the  ballot  was  delivered 
to  the  voter  whether  the  number  on  the  ballot  as  read 
by  the  inspector  corresponds  to  the  number  on  the 
ballot    delivered    to    him.    This    prevents    the    voter 
from  substituting  a  ballot   that  has  been   prepared 
for  him  in  advance  and  makes  it  certain  that  he  him- 
self has  actually  prepared  the  ballot  while  he  was  in 
the  booth.     If    the   numbers   agree,   the   poll-clerks 
must  inform  the  inspector  of  the  fact.     (§  153.) 

185.  Depositing  the  Ballot. —  After  the  identity  of 
the  ballot  has  been  established  the  inspector  must  tear 
off  the  stub  upon  which  the  ballot  number  is  printed. 
The  removal  of  the  stub  prevents  the  ballot  from  being 
subsequently  identified  by  its  number.    Without  un- 


t 

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GOVERNMENT  BY  THE  PEOPLE 


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: 


folding  the  ballot  or  looking  at  its  face,  the  inspector 
must  place  it  in  the  ballot-box.  The  stub  is  placed  in 
anotker  box  provided  to  receive  detached  stubs.  The 
voter  has  then  cast  his  ballot  and  he  must  immediately 
pass  outside  the  guard-rail. 

1 86.  Protection  of  Employees.  —  Every  voter  is  legally 
entitled  to  be  absent  for  two  hours  from  his  employment 
on  election  day  while  the  polls  are  open  without  loss 
of  salary  or  wages.  Employers  are  thus  prevented 
from  depriving  their  employees  of  their  votes  by  keeping 
them  at  work  until  it  is  too  late  for  them  to  deposit 
their  ballots. 

187.  Closing  the  Polls.  —  Delivery  of  ballots  to 
voters  must  cease  at  five  o'clock  in  the  afternoon; 
but  Toters  who  have  received  ballots  at  that  hour  are 
peradtted  to  complete  the  act  of  voting  before  the  polls 
are  actually  closed.  As  soon  as  the  last  ballot  has  been 
deposited  in  the  ballot-box,  the  polls  must  be  declared 
closed  and  the  inspectors  must  forthwith  proceed  to 
canvass,  or  count,  the  ballots.  The  canvass  must 
continue  without  interruption  until  the  result  has  been 
proclaimed  and  the  inspectors  have  signed  the  returns. 
The  canvass  must  be  made  in  public.  The  room  in 
which  it  is  made  must  be  clearly  lighted  and  its  main 
entrance  must  be  kept  open  so  that  a'l  may  enter. 
These  precautions  are  intended  to  insure   an  honest 


VOTING  ON  ELECTION  DAY 


109 


count.  Removal  of  the  statement  of  the  result  of  the 
canvass  from  the  pol!ing-[)lace  before  it  has  been 
signed  is  forbidden,  and  the  election  oflicial  who  signs 
any  statement  of  the  result  excepting  in  the  polling- 
place  immediately  after  the  completion  of  the  count 
is  guilty  of  a  felony  and  subject  to  imprisonment  for 
from  two  to  five  years.  This  prevents  the  substitution 
of  false  returns. 

188.  Precautions  against  "  Stufltag."  —  Before  the 
canvass  is  begun  the  election  inspectors  must  compare 
the  two  poll-books  with  the  list  of  registered  voters 
who  have  voted  and  ascertain  whether  they  agree  as 
to  the  number  of  persons  who  have  voted  and  the 
number  of  ballots  cast.  The  box  containing  the 
ballots  which  have  been  voted  is  then  opened,  and  the 
ballots  must  be  counted  without  unfolding  them. 
If  it  is  found  that  there  are  more  ballots  in  the  box 
than  the  number  recorded  in  the  poll-books  as  having 
been  cast,  all  the  ballots  must  be  replaced  in  the  ballot- 
box  and  one  of  the  inspectors,  standing  with  his  back 
to  the  box,  must  draw  out  ballots  until  the  number 
remaining  in  the  box  agrees  with  the  number  shown 
on  the  poll-books.  The  ballots  drawn  out  in  this 
manner  must  be  destroyed  without  being  unfolded. 
But  if  two  or  more  ballots  are  found  in  the  box  so 
folded  together  as  to  present  the  appearance  of  a  single 


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GOVERNMENT  BY  THE  PEOPLE 


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ballot,  they  must  be  destroyed  when  there  are  more 
ballots  in  the  box  than  the  poll  lists  show  to  have  been 
cast.  No  ballot  can  be  counted  unless  it  bears  the 
proper  official  indorsement  upon  its  back.  These 
provisions  are  intended  to  prevent  "stuffing"  the 
ballot-boxes. 

189.  Separating  " Straights"  from  " SpUts."  —  When 
the  total  of  the  ballots  found  in  the  box  has  been  thus 
corrected,  if  it  needs  correction,  the  chairman  of  the 
board  of  inspectors  must  open  the  ballots  and  separate 
those  containing  only  "straight  tickets"  from  those 
containing  "split  tickets,"  Any  person  who  marks, 
tears,  or  defaces  a  ballot  during  the  count  in  order  to 
cause  its  rejection  is  guilty  of  a  felony,  punishable  by 
imprisonment  of  from  five  to  ten  years. 

190.  Keeping  the  Tally-sheets.  —The  straight  tickets 
are  first  counted.  Each  of  the  poll-clerks  must  be 
provided  with  a  "tally-sheet,"  with  the  names  of  all 
the  candidates  arranged  as  on  the  official  ballot  and  with 
three  blank  columns  after  each  column  containing  the 
names  of  candidates.  One  of  these  blank  columns 
is  for  the  count,  or  "tally,"  of  the  number  of  straight- 
ticket  votes  cast  for  each  candidate;  another  is  for  the 
number  of  votes  cast  for  each  candidate  on  split  tickets, 
and  the  third  is  for  the  total  vote  cast  for  each  candidate. 
At  the  extreme  right  of  the  tally-sheet  are  four  blank 


VOTING  ON  ELECTION  DAY 


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columns  in  which  are  entered  the  number  of  blank 
votes  cast  for  each  office,  the  number  of  wholly  blank 
ballots  cast,  the  number  of  void  ballots  cast,  and  the 
total  number  of  ballots  accounted  for.  By  this  arrange- 
ment the  total  number  of  votes  cast  is  checked  in  com- 
puting the  vote  cast  for  each  office,  and  the  totals  as 
shown  on  the  tally-sheet  must  agree  with  the  total 
number  of  votes  cast  as  shown  in  the  poll-books  and 
in  the  books  of  registry.    (§  153.) 

191.  Announcement  of  the  Result.  —  The  total  of  the 
straight  vote  for  each  party  ticket  must  be  entered  on 
the  tally-sheet  after  the  name  of  each  of  the  candidates 
in  the  appropriate  party  column.  When  the  straight 
tickets  have  all  been  counted,  the  chairman  of  the 
board  of  inspectors  must  examine  each  of  the  ballots 
containing  split  tickets  and  announce  the  vote  for  each 
candidate  on  each  ballot,  the  poil-clerks  keeping  the 
count  upon  the  tally-sheets.  When  the  split  tickets 
have  been  disposed  of,  the  blank  and  void  ballots 
must  be  counted  and  the  result  entered  on  the  tally- 
sheets.  After  the  totals  have  been  added,  the  poll- 
clerks  must  submit  the  tally-sheets  to  the  inspectors 
for  their  approval  and  signature.  The  chairman  of 
the  board  of  inspectors  must  then  proclaim  the  result 
of  the  voting,  announcing  the  total  number  of  ballots 
cast  and  the  total  vote  for  each  candidate. 


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19a.  Watchers  may  scrutinize  Ballots.  —  During  the 
canvass  of  the  vote,  the  inspectors  are  required  to  per- 
mit the  watchers  to  examine  any  ballot,  but  in  showing 
a  ballot  to  a  watcher,  the  inspector  cannot  permit  it 
to  be  taken  from  his  hands.  If  any  r'  clon  ofticer 
or  watcher  expresses  the  belief  that  a  ballot  has  been 
marked  for  identification,  the  inspectors  must  write 
upon  the  back  of  the  ballot  the  fact  that  objection 
has  been  made  to  it,  giving  the  reasons  for  the  objection. 
The  votes  contained  in  such  "protested"  ballots  must 
then  be  counted,  but  the  ballots  must  be  kept  separate 
from  those  which  are  ■  ■)t  protested.  "Void"  ballots 
are  ballots  so  marked  or  mutilated  that  under  the  law 
they  cannot  be  counted.  The  inspectors  must  indorse 
upon  the  back  of  every  void  ballot  their  reasons  for 
declaring  it  to  be  void. 

193.  Statements  of  Election  Officials.  —  Signed  state- 
ments must  be  prepared  by  the  election  officials  at  the 
conclusion  of  the  canvass.  They  must  account  for  all 
the  ballots  delivered  at  the  polling-place  before  the 
opening  of  the  polls,  and  they  must  give  the  vote  cast 
for  each  candidate.  The  ballot-clerks  must  fill  in  and 
sign  a  "ballot  return,"  showing  how  many  ballots 
they  had  at  the  opening  of  the  polls,  how  many  were 
found  to  be  mutilated  or  defectively  printed,  how  many 
were  spoiled  by  voters  in  the  process  of  marking, 


VOTING  ON  ELECTION  DAY 


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how  many  were  voted,  and  how  many  are  returned 
unused.  They  must  also  account  for  all  the  ballot 
stubs.  The  inspectors  must  fill  in  and  sign  a  return 
known  as  an  "original  statement"  of  the  result  of  the 
voting,  giving  the  whole  number  of  ballots  voted,  the 
number  of  blank  and  void  ballots  voted,  and  the  num- 
ber of  ballots  counted  for  one  or  more  candidates. 
The  inspectors  are  required  also  to  make  and  sign 
a  detailed  statement  of  the  number  of  votes  cast  for 
each  candidate  and  the  number  of  ballots  protested 
as  marked  for  identification.  Finally,  they  must  make 
a  statement  containing  the  names  of  all  persons  chal- 
lenged and  of  all  persons  who  received  assistance  in 
preparing  their  ballots.  These  various  statements 
and  returns  are  intended  to  prevent  the  inspectors 
from  falsifying  the  result.  Under  a  strict  enforcement 
of  the  law  it  would  be  extremely  difficult  to  change 
the  figures  without  causing  discrepancies  that  would 
indicate  the  fraud.  Two  certified  copies  of  the  "  original 
statement"  of  the  result  must  be  prepared  by  the  in- 
spectors.   (§  197.) 

194.  Preservation  of  the  Ballots.  —The  law  is  not 
content  with  the  sworn  accounting  required  of  the 
election  officials.  It  provides  that  the  ballots  them- 
selves shall  be  preserved.  When  the  canvass  has  been 
completed,  all  the  ballots  voted,  excepting  the  void 


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and  protested  ballots,  with  a  statement  of  their  number, 
must  be  replaced  in  the  ballot-box,  which  must   be 
locked  and  sealed.    The  void  and  protested  ballots 
must  be  placed  in  a  package  sealed  with  sealing-wax, 
and  on  the  outride  of  this  package  the  inspectors  must 
make  and  sign  a  detailed  statement  of  its  contents. 
The  ballot-boxes,  containing  the  unquestioned  ballots 
voted,  must  be  sent  to  the  Custodian  of  Elections, 
who  is  required  to  preserve  them  for  six  months  after 
the  election.    The  seals  may  be  broken  and  the  con- 
tents of  the  box  examined  only  by  order  of  a  court  or 
by  a  legislative  committee  on  privileges  and  elect.'ons. 
I9S.  Filing  the  Rehims.— The  "original  statement" 
of  the  canvass  and  the  certified  copies  of  it  must  be 
sealed  in  separate  envelopes.    The  original  statement, 
the   ballot   return  prepared  by  the  ballot-clerks,  the 
package  of  void  and  protested  ballots,  the  statement 
of  challenged  or  assisted  voters,  the  packages  con- 
taining the  unused  ballots  and  the  stubs  of  the  voted 
ballots,  and  one  of  the  tally-sheets,  must  be  filed  within 
twenty-four  hours  after  the   election  with  the  county 
clerk  of    the  county  in  which  the  election  is    held. 
The  register  of  voters  must  be  filed  with  the  Custodian 
of    Elections.    One   copy   of   the   or  "nal    statement 
of  the  canvass  must  be  filed  by  the     idirman  of  the 
board  of  inspectors  with  an  official  .jp:       iting  the 


VOTING  ON  ELECTION  DAY 


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county  board  of  canvassers,  either  a  Supervisor  or  an 
Assessor.  The  other  certified  copy  of  the  original 
statement,  the  t  o  poll-books,  and  one  of  the  two  tally- 
sheets  must  be  iikd  Vt  ith  the  ^ity  clerk  in  cities,  ex- 
cepting New  York  City,  where  they  are  filed  with  the 
Board  of  Elections,  and  with  the  town  clerk  in  towns. 

196,  Recanvass  of  Ballots.  —  In  any  election  district 
where  ballots  have  been  protested,  any  candidate  who 
has  been  voted  for  may  apply  to  the  Supreme  Court 
within  twenty-four  hours  after  the  election  for  a  writ 
ordering  the  board  of  inspectors  to  recanvass  the  void 
and  protested  ballots,  and  the  court  must  then  decide 
as  to  each  of  the  disputed  ballots  whether  it  shall  be 
counted  or  rejected.  The  ballot-boxes  containing 
the  voted  ballots  regarding  which  there  is  no  dispute 
can  be  opened  in  a  suit  to  test  the  right  of  the  success- 
ful candidate  to  hold  office. 

197.  Boards  of  Canvassers.  —  Under  the  method  of 
procedure  which  has  been  described  the  votes  cast 
in  each  election  district  are  counted  and  a  return  is 
made  from  each  district  to  several  designated  officials. 
How  many  votes  each  candidate  has  received  in  the 
territory  covered  by  his  office  remains  to  be  determined. 
This  computation  is  made  by  city,  county,  and  State 
boards  of  canvassers.  It  is  the  duty  of  these  boards 
to  determine  which  of  the  candidates  have  received 


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a  plurality  of  the  votes  cast  and  to  issue  to  them  the 
certificates  of  election  which  constitute  titles  to  office 
These  boards  base  their  computations  upon  the  sworn 
statements  made  by  the  election  officials  and  not  upon 
the  ballots  cast,  and  therefore  they  are  said  to  canvass 
"the  face  of  the  returns."     (§  193.) 

198.   Correction  of  Clerical  Errors.  — County  boards 
of  canvassers  consist  of  the  Supervisors  elected  in  each 
county,  excepting  in  the  four  counties  included  in  the 
city  of  New  York,  where  the  office  of  Supervisor  has 
been  abolished.    The  boards  of  canvassers  in  these 
counties  are  made  up  of  the  Aldermen  elected  in  each 
county.     All  county  boards  of  canvassers  are  required 
to  meet  on  the  Tuesday  following  the  election  and  the 
"original  statements"  of  the  votes  cast  in  each  election 
district  in  the  county  must  then  be   produced  before 
the  board  by  the  official  with  whom  they  were  filed 
by  the  election  inspectors.    If  the  "  original  statement " 
cannot  be  produced,  one  of  the  certified  copies  may 
be  used  in  its  stead.   If  it  appears  that  these  statements 
contain  clerical  errors  or  omissions,  the  board  may 
summon  the  election  inspectors  for  the  appropriate 
election  district  and  cause  them  to  rectify  the  mistake, 
but  only  in  such  a  manner  that  it  shall  correctly  state 
the  result  of  the  actual  count  made  by  the  inspectors 
on  election  day. 


VOTING  ON  ELECTION  DAY 


117 


199.  Certification  by  Boards  o.  Canvassers. — The 
county  boards  of  canvassers  must  make  separate  state- 
ments of  all  votes  cast  for  each  office,  as  shown  in  the 
returns  made  by  the  inspectors  of  election,  and  they 
must  determine  which  candidates  have  received  the 
greatest  number  of  votes  for  offices  which  cover  territory 
wholly  included  in  their  respective  counti;  >,  such  as 
county  offices.  They  must  file  a  certified  statement 
of  their  decision  in  the  office  of  the  county  clerk  for 
publication,  and  certified  copies  of  their  decision  re- 
garding each  office  must  be  sent  to  the  successful 
candidate  for  that  office.  The  county  clerk,  within 
five  days  after  the  statements  have  been  filed  in  h\s 
office  by  the  county  canvassers,  must  make  three 
certified  copies  of  the  vote  cast  for  candidates  for  State 
office,  excepting  members  of  the  Assembly,  and  .'•ans- 
mit  one  copy  to  the  Governor,  one  tr  the  Sec-^tary  of 
State,  and  one  to  the  State  Comptroller.  The  Governor 
and  the  Comptroller,  upon  receiving  their  copies,  must 
transmit  them  to  the  Secretary  of  State.  If  the  Secre- 
tary of  State  fails  to  receive  a  copy  of  the  returns  from 
any  county,  he  must  send  a  messenger  to  obtain  it. 
This  prevents  the  returns  from  being  held  back  for  the 
purpose  of  changing  them  if  it  appears  that  a  change 
will  be  sufficient  to  change  the  general  result  in  the 
State.    Within  twenty  days  after  the  election   each 


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GOVERNMENT  BY  THE   PEOPL; 


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county  clerk  must  transmit  to  the  Secretary  of   State 
a  list  of  the  candidates  who  are  declared  by  the  county 
canvassers  to  have  been  elected  to  offices  covering 
territory  wholly  included  within   the  county,  and  on 
or  before  December  15  following  the  election  he  must 
also  transmit  a  complete  statement  by  election  districts 
of  the  official  canvass  of  the  votes  cast  in  his  county. 
200.   Certificates  of  Election.  —The  State  board  of 
canvassers  consists  of  the  Secretary  of  State,  the  At- 
torney-General, the   State  Comptroller,  the  State  En- 
gineer and  Surveyor,  and  the  State  Treasurer,  all  of 
whom  are  elective  officers.    The  board  is  called  by 
the  Secretary  of  State  to  meet  on  or  before  December 
15  following  a  general  election.    It  must  then  proceed 
to  canvass  the  certified  copies  filed  by  the  county  clerks 
with  the  Secretary  of  State  of  the  vote  for  State  officers 
cast  in  each  county.    It  must  make  a  signed  tabulated 
statement  by  counties  of  the  vote  cast  for  each  candidate, 
declaring  which  candidates  have  been  elected.    The 
Secretary  of  State  must  issue  certificates  of  election 
to    the   successful    candidates,    and    also    certify   to 
the  House  of  Representatives  the  election  of  Repre- 
sentatives  in  Congress.    The   Secretary   of   State   is 
required  to  make  a  record  of  the  names  of  county 
candidates  who  have  received  certificates  of  election 
from  the  boards  of  county  canvassers. 


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aoi.  Certification  of  City  Officers.  —  County  boards 
of  canvassers,  excepting  in  the  city  of  New  York,  are 
directed  to  canvass  the  votes  cast  for  city  ofiicers  within 
their  respective  counties.  In  New  York  v  ity  the  county 
clerks  must  certify  the  vote  cast  for  city  officers  in  their 
respective  counties  to  the  Board  of  Elections,  which 
must  canvass  the  statements  and  declare  the  result, 
stating  the  vote  by  counties  for  each  candidate  and 
transmitting  certificates  of  election  in  accordance  with 
its  declaration. 

202.  Amendments  to  the  Constitution.  —  Proposed 
amendments  to  the  State  Constitution,  after  having 
been  approved  by  two  different  legislatures,  are  sub- 
mitted to  the  voters  upon  official  ballots  resembling  the 
ballots  containing  the  names  of  candidates  for  ofl5ce. 
Each  proposed  amendment  is  printed  separately  and 
preceded  by  two  blank  squares,  one  for  an  affirmative 
vote  and  one  for  a  negative  vote.  The  ballots  have 
stubs  numbered  to  correspond  to  the  numbers  on  the 
stubs  of  the  official  ballots  for  candidates.  These 
ballots  are  deposited  in  a  separate  box  and  they  are 
cast,  counted,  and  canvassed  with  the  ballots  for  candi- 
dates and  in  the  same  manner.  The  same  method  is 
used  in  submitting  other  questions  which  are  required 
to  be  submitted  to  the  voters. 


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CHAPTER  VII 


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INDIRECT    ELECTIONS 

ao3.  Higliest  Offices  not  filled  by  Direct  Vote. — 

The  highest  oftices  in  the  national  government  are  not 
filled  by  direct  vote.  The  President  and  Vice-Presi- 
dent are  chosen  by  the  Electoral  College;  United  States 
Senators  are  elected  by  the  legislatures  of  the  States, 
and  the  judges  of  the  United  States  Supreme  Court 
are  appointed  by  the  President  with  the  consent  of  the 
Senate.     (§§  11-12.) 

204.  The  Presidential  Term.  —  Presidential  elections 
occur  in  each  year  which  is  divisible  by  four.    Only 
native-born  American   citizens,  thirty-five   years  old, 
who  have  lived  fourteen  years  in  the  United  States 
are  eligible  to  the  Presidency  or  the  Vice-Presidency, 
and  the  President  and  Vice-President  cannot  both  be 
chosen   from   the   same   State.    It   was   proposed   at 
first  to  make  the  President's  term  se^en  or  six  years 
with  ineligibility  for  reelection.     The  four-year  terr 
was  finally  agreed  upon  and  no  reference  to  reelectior 
is  made   in  the  Constitution.    Washington  and  Jef- 
ferson set  the  example  of  retiring  from  office  after 

120 


INDIRECT  ELECTIONS 


121 


having  served  two  terms,  and  the  defeat  of  Grant's 
candidacy  for  a  third  term  in  1880  has  made  the  two- 
term  limit  an  unwritten  law. 

305.  £lei.iion  of  the  President.  —  Although  the 
names  of  the  party  candidates  for  President  and  Vice- 
President  appear  upon  the  ballots,  the  voters  do  not 
vote  for  them  but  for  Presidential  Electors,  whose 
duty  it  is  to  elect  them.  The  framers  of  the  Consti- 
tution did  not  deem  it  wise  to  leave  the  choice  of  the 
President  to  the  mass  of  the  voters,  because  they  feared 
that  the  voters  were  not  sufficiently  conservative  and 
intelligent  to  make  a  judicious  choice.  Their  distrust 
has  been  corrected  by  custom  and  precedent,  but  it 
is  still  possible  for  a  Presidential  candidate  to  be  the 
choice  of  a  majority  of  all  the  voters  participating  in 
the  election  and  yet  suffer  defeat. 

206.  The  Electoral  College.  —  Various  plans  were 
proposed  for  the  election  of  tne  President  without 
resort  to  a  durect  vote.  It  was  suggested  that  the 
election  be  left  to  the  Congress,  but  the  constitutional 
convention  was  unwilling  to  adopt  this  idea  because 
it  would  make  the  chief  executive  subordinate  to  the 
legislative  body.  The  plan  of  leanng  the  election  to 
the  State  legislatures  was  also  rejected.  The  con- 
vention finally  decided  to  create  an  Electoral  College, 
containing  as  many  Electors  as  there  are  Senators 


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and  Reprcsc-ntativis  in  Congress,  on  the  theory  that 
such  a  body  would  represent  the  best  intolHgcncc  of 
the  Nation.  Party  organization  was  then  in  embryo. 
The  national  party  convention  had  not  yet  come  into 
e.xistencc  and  there  was  no  recognized  method  of 
designating  party  candidates.  The  election  turned 
upon  the  qualifications  of  the  individual  candidates 
rather  than  upon  the  principles  and  doctrines  of  the 
parties  to  which  they  belonged.  The  Electors,  there- 
fore, were  left  free  to  exercise  their  own  judgment  in 
casting  their  votes  for  the  two  highest  national  offices. 

207.  Election  by  the  House.  —  It  was  pro\ided 
that  if  no  candidate  received  a  majority  of  the  votes 
in  the  Electoral  College,  then  the  House  of  Repre- 
sentatives should  elect,  its  members  voting  by  States 
and  each  State  hanng  one  vote.  The  choice  of  the 
House,  however,  was  limited  originally  to  the  five, 
and  after  1804  to  the  three,  candidates  who  had  re- 
ceived the  highest  number  of  votes  in  the  Electoral 
College. 

208.  First  Contest  for  the  Presidency.  —The  Con- 
stitution originally  required  each  Elector  to  vote  for 
two  candidates  for  President  and  the  candidate  who 
received  the  most  votes  was  declared  elected  President, 
while  the  candidate  who  received  the  next  higheft 
number  of  votes  was  declared  elected  Vice-President 


DJDIRECT  ELECTIONS  123 

This  plan  gave  the  strongest  candidate  in  the  Electoral 
College  the  Presidency  and  his  foremost  comi)ctitor 
the    Vice-Presidency.     It    was    very    likely    that    the 
two  men  would  hold  opposing  political  views,  so  that, 
in  effect,  the  majority  party  elected  the  President  and 
the  minority  party  the  Vice-President.     Tn    case   of 
the  death  of  the   President   while    in  office,  the  ma- 
jority party  would  have  been  compelled  to  give  way 
to  the  minority,  since  the  Vice-President  would  succeed 
to  the  Presidency.    The  adoption  of  this  plan  could 
have  been  possible  only  at  a  time  when  men  were 
considered  rather  than  parties,  when  parties  had  not 
begun  to  formulate  their  principles  in  national  "plat- 
forms," and  when  the  offices  within  the  appointing 
power  of  the  President  were  not  used  to  build  up  party 
organizations  upon  the  plan  of  the  "spoils  system." 
George  Washington  was  twice  elected  President  by 
practically   unanimous    consent.    The    Federalists   in 
1796  united  upon    John  Adams  for    President    and 
Thomas  Pinckney  for  Vice-President,  while  the  Demo- 
cratic-Republicans selected  Thomas  Jefferson  for  Presi- 
dent and  Aaron  Burr  for  Vice-President.     There  were 
138  Electors  in  the  Electoral  College  and  each  of  them 
voted  for  two  candidates  for  President.    The  result 
gave  Adams  seventy  one   votes,  Jefferson  sixty-eight, 
Pinckney  fifty-nine,  Burr  thirty,  Samuel  Adams  fifteen, 


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Oliver  Ellsworth  cloven,  George  Clinton  seven,  John 
Jay  five,  James  Iredell  three,  George  Washington  two, 
John  Henry  two,  Samuel  Johnson  two,  and  Charles 
C.  Pinckney  one.  John  Adams  was  elected  President 
and  Thomas  Jefferson,  his  great  rival,  was  made  Vice- 
President.  This  was  the  first  Presidential  election  in 
which  there  was  a  contest. 

209.    Plan    of    Election    Changed. —  In    the  next 
Presidential   election,    in    1800,   the   two   parties   put 
forward  the  same  candidates  as  before  and  the  members 
of  the  Electoral  College  for  the  first  time  voted  by 
parties.    Jei'eison  and  Burr  each  received  seventy-three 
votes,  the  full  strength  of  the  Democratic-Republicans. 
Adams  received  sixty-five  votes,  and  Pinckney  sixty- 
four,  one  Federalist  Elector  voting  for  John  Jay  so 
that  Adams  might  have  one  more  vote  than  Pinckney 
and  thus  be  entitled  to  the  Presidency  if  the  Federalists 
should    win.    The    Democratic-Republicans   had   not 
taken  this  precaution  and  therefore  there  was  a  tie 
vote  between  their  two  candidates,  Jefferson  and  Burr, 
for  the  Presidency,  although   they  had  intended  to 
elect  Burr  to  the  Vice-Presidency.     Because  of  this 
tie,  tVe  election  was  thrown  into  the  House  of  Repre- 
sentatives, where,  after  thirty-six  ballots,   ten  States 
voted  for  Jefferson  and  four  for  Burr.    The  Constitution 
was  then  amended  so  as  to  provide  for  the  election  of 


INDIRECT  ELECTIONS 


"5 


the  President  and  the  Vice-President  by  separate  ballots 
for  each  ofBce. 

a  10.  Jackson's  Defeat.  —  In  the  Presidential  cam- 
paign (  1824  Andrew  Jackson,  John  Quincy  Adams, 
Henry  Clay,  and  William  H.  Crawford  were  candiflates 
for  President.  John  C.  Calhoun  was  chosen  Vice- 
President  by  the  Electoral  College,  but  none  of  the 
Presidential  candidates  had  a  majority  of  the  Electors, 
the  vote  being:  Jackson  ninety-nine,  Adams  eighty- 
four,  Crawford  forty-one,  and  Clay  thirty-seven.  The 
election  of  the  President,  therefore,  was  again  thrown 
into  the  House  of  Representatives  and  Adams  was 
elected  by  a  majority  of  the  States,  receiving  thirteen 
votes  to  seven  for  Jackson  and  four  for  Crawford. 
Clay  had  been  dropped  because  he  was  not  among 
the  first  three  in  the  Electoral  College. 

211.  The  1884  Campaign.  — The  closest  Presidential 
election  was  that  of  1884,  when  Grover  Cleveland, 
Democrat,  defeated  James  G.  Blaine,  Republican. 
The  popular  vote  for  the  Presidential  Electors  nomi- 
nated by  the  Democrats  was  4,854,986,  while  the 
Electors  nominated  by  the  Republicans  received 
4,855,011  votes.  Blaine,  therefore,  had  twenty- five 
votes  more  than  Cleveland  in  a  total  vote  of  the  parties 
whose  candidates  they  were  of  9,709,007.  In  the  Elec- 
toral College  Cleveland  had  219  votes  and  Blaine  182. 


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136 


GOVERNMENT  BY  THE  PEOPLE 


This  was  due  to  the  fact  that  the  Democratic  Electors 
carried  New  York  State  by  a  plurality  of  1149  in 
a  total  vote  of  the  two  great  parties  in  the  State  of 
1,125,159.  This  gave  Cleveland  the  thirty-six  Elec- 
toral votes  of  the  State.  The  result  of  this  election 
demonstrated  the  importance  of  preventing  fraud  in 
the  casting  and  counting  of  the  votes  and  gave  a  power- 
ful impetus  to  the  passage  of  election  reform  laws. 
A  change  of  only  575  votes  from  the  Democratic  to 
the  Republican  side  would  have  changed  the  result. 

a  1 2.  Popular  Decision  Reversed.  —  Although  Cleve- 
land received  a  plurality  of  the  popular  vote  in  1888 
he  was  defea  ed  by  Benjamin  Harrison,  Republican. 
The  total  vote  for  the  Democratic  Electors  was  5,540,- 
329,  and  for  the  Republican  Electors  5,439,853.  The 
Democratic  Electors  thus  received  100,476  more  votes 
than  the  Republican  Electors,  but  the  thirty-six  Elec- 
toral votes  of  New  York  State  again  decided  the  result. 
The  Republican  Electors  carried  the  State  by  a  plurality 
of  13,002  in  a  total  vote  cast  by  the  two  parties  of 
1,284,516,  and  in  the  Electoral  College  Harrison  had 
233  votes  to  168  for  Cleveland. 

213.  Roosevelt's  Plurality.  —  When  Roosevelt  de- 
feated Parker  in  1904,  the  Republican  Electors  re- 
ceived a  plurality  of  2,541,296  over  the  Demoiratic 
Electors.  This  was  the  largest  plurality  ever  given  in 
a  Presidential  contest. 


INDIRECT  ELECTIONS 


s 


"7 


a  1 4.  Election  of  Electors.  — There  is  no  general 
law  f-'gulating  the  election  of  Presidential  Electors. 
The  Federal  Constitution  says  that:  "Each  State  shall 
appoint,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  Electors  equal  to  the  whole 
num^ier  of  Senators  and  Representatives  to  which  the 
State  may  be  entitled  in  Congress."  Under  this  per- 
mission some  of  the  States  passed  laws  providing  for 
the  choice  of  Electors  by  the  legislature,  while  other 
States  chose  them  by  popular  vote.  All  of  the  States, 
with  the  exception  of  South  Carolina,  abandoned  the 
legislative  election  of  Electors  after  1824,  but  South 
Carolina  continued  it  until  the  Civil  War.  In  many 
of  the  States  before  1832  Electors  corresponding  to 
Representatives  in  Congress  were  chosen  by  Congres- 
sional Districts,  while  the  two  Electors  corresponding 
to  :he  t\/o  United  States  Senators  were  elected  "at 
lars^"  by  the  voters  of  the  entire  State.  Under  this 
mttUQs:  it  was  oossible  for  the  Electoral  vote  of  a  State 
to  38:  jB-ialec  in  the  Electoral  College  according  to  the 
3eiiik2a  *DmDiexion  of  Congressional  Districts.  Michi- 
giB.  IS  ±Er  amv  Stare  which  has  followed  this  plan  in 
lEjsii  ^^£s.  It  gave  Cleveland  five  Electoral  votes  in 
.mi2  ami  EarrKon  nine.  The  rule  now  generally 
s£r-«pE— i  If-  to  nominate  all  the  Electors  in  a  State  ron- 
\yntwtyi   d^Emguishing  the  two  Electors-at-Large  from 


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128 


GOVERNMENT  BY  THE  PEOPLE 


the  District  Electors.  The  list  thus  nominated  by  each 
party  is  printed  on  the  official  ballot  beneath  the  names 
of  the  candidates  nominated  by  the  national  convention 
of  the  party  for  President  and  Vice-President,  who  cannot 
be  voted  for  directly.  It  is  usual  for  a  voter  to  say  that 
he  cast  his  ballot  for  this  or  that  candidate  for  President 
when,  as  a  matter  of  fact,  he  actually  voted  for  the 
Electors  named  by  the  party  whose  candidate  for  Presi- 
dent he  supported. 

215.  Division  of  Electors.  —  Even  when  the  Electors 
are  voted  for  by  all  the  voters  in  a  State,  it  is  still  possi- 
ble that  they  may  be  divided  by  party  lines.  In  count- 
ing the  votes  cast  for  Electors,  the  individual  candi- 
dates are  declared  elected  in  the  order  of  the  number  of 
votes  each  has  received  until  the  number  of  Electors 
to  which  the  State  is  entitled  in  the  Electoral  College  is 
complete.  While  the  Electors  nominated  by  a  party 
in  a  State  are  usually  either  elected  or  defeated  in  a 
body,  the  scratching  of  tickets  may  divide  the  Electoral 
vote  of  a  State.  For  example,  if  a  State  is  entitled  to 
ten  Electoral  votes,  the  majority  party  may  elect  nine 
of  its  candidates  for  Electors  while  the  tenth,  either 
because  of  his  unpopularity  or  the  popularity  of  one 
of  the  candidates  on  the  minority  party  ticket,  may  be 
defeated. 

2 1 6.  How  the  Electors  Vote.  — There  is  no  general 


INDIRECT  ELECTIONS 


129 


assemblage  of  the  Electoral  College.    The  Constitu- 
tion provides  that  the   Electors  shall  meet  in  their 
respective  States  and  vote  by  distinct  ballots  for  Presi- 
dent and  Vice-President,  making  separate  certified  lists 
of  all  persons  receiving  votes  for  each  office  and  the 
number  of  votes  received  by  each  candidate.    These 
lists  must  be  sent  sealed  to  the  President  of  the  Senate 
who  must  break  the  seals  in  the  presence  of  the  Senate 
and  the  House  of  Representatives,  and  the  votes  must 
then  be  counted.    The  candidates  for  President  and 
Vice-President  who    are    found  to   have   received  a 
majority   of    all    the    Electoral  votes    are    declared 
elected.    If  no  candidate  for  President  has  received 
such  a   majority,  the    members    of    the   House    of 
Representatives  must  immediately  proceed  to  choose 
a  President  from  among  the  three  candidates  having 
the  largest  number  of  Electoral  votes.    The  vote  of 
the  House  must  be  taken  by  States  and  a  majority 
of    all  the    States    is  necessary  to  a  choice.    If  no 
candidate  for  Vice-President    has   a  majority  of  all 
the  Electoral  votes,  the  Senate  must  choose  as  Vice- 
President  one  of    the  two  candidates  who  have    re- 
ceived the  highest  number  of    Electoral  votes  and  a 
majority  of  all  the  Senators  is  necessary  to  a  choice. 

217.  Party  Obligation  of  Electors.  —The  growth  of 
party  power  and  influence  has  destroyed  the  freedom  of 


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GOVERNMENT  BY  THE  PEOPLE 


choice  which  was  left  to  the  Electors  by  the  Constitution. 
The  Electors  are  now  regarded  as  mere  representatives 
of  the  party  which  chose  them,  bound  to  vote  for  the 
candidates  for  President  and  Vice-President  nomi- 
nated by  that  party.  There  is  nothing  in  the  law  to  pre- 
vent an  Elector  from  voting  for  any  candidate,  but  the 
moral  obligation  to  vote  only  for  the  candidates  of  his 
party  is  so  strong  that  it  is  never  broken. 

3x8.  Election  by  Commission. — No  provision  was 
made  in  the  Constitution  for  the  settlement  of  contro- 
versies over  the  choice  of  Electors.  This  omission  led 
to  a  dangerous  crisis  after  the  Presidential  election  of 
1876,  when  Samuel  J.  Tilden  was  nominated  by  the 
Democrats  and  Rutherford  B.  Hayes  by  the  Republi- 
cans. It  was  conceded  that  Tilden  had  received  a 
popular  plurality  of  more  than  250,000  votes,  but  the 
returns  from  several  of  the  States  were  disputed,  each 
party  claiming  the  Electors  and  each  sending  the  vote 
of  its  Electors  to  the  President  of  the  Senate.  The 
Democrats  had  a  majority  in  the  House  and  the  Re- 
publicans in  the  Senate,  so  that  neither  party  was  able 
to  have  its  return  from  the  disputed  States  declared 
valid.  It  was  finally  decided  to  refer  the  controversy 
to  a  "Returning  Board"  or  Electoral  Commission,  con- 
sisting of  five  Senators,  five  Representatives,  and  five 
Judges  of  the  United  States  Supreme  Court.    This 


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INDIRECT  ELECTIONS 


131 


Commission  decided  that  Hayes  had  carried  Florida 
by  a  plurality  of  926  and  Louisiana  by  a  plurality  of 
4627.  The  Supreme  Court  of  Florida  had  given  Tilden 
a  plurality  of  94  in  that  State  and  the  face  of  the  returns 
in  Louisiana,  it  was  asserted,  gave  Tilden  5303  plurality. 
The  Electoral  votes  of  these  two  States,  however,  were 
counted  for  Hayes,  giN^ing  him  185  Electoral  votes  and 
Tilden  184.  The  count  was  not  completed  until  two 
days  before  March  4,  1877,  when  the  new  President  was 
to  be  inaugurated.  The  Democrats  insis^^d  that  the 
election  had  been  stolen  from  them  and  there  was  talk 
of  using  force  to  prevent  the  inauguration  of  Hayes. 
Tilden  counselled  submission  and  the  excitement  died 
away;  but  the  Democratic  party  has  always  since  alluded 
to  the  election  of  Hayes  as  "the  Crime  of  '76." 

219.  The  Electoral  Count  Act.  — To  prevent  the  re- 
currence of  such  a  controversy  Congress  passed  an  Act 
in  1887  which  is  known  as  the  Electoral  Count  Act. 
It  provides  that  the  Electors  shall  meet  in  the  several 
States  and  cast  their  ballots  on  the  second  Monday 
in  January  following  their  election.  In  case  of  a  dis- 
pute in  any  State  a  decision  reached  in  accordance  with 
any  law  of  the  State  existing  at  least  six  days  before  the 
time  set  for  the  meeting  of  the  Electors  shall  be  bind- 
ing. The  Governor  of  each  State  is  required,  as  soon 
as  practicable  after  Electors  have  been  chosen  and  con- 


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132 


GOVERNMENT  BY  THE  PEOPLE 


tests  have  been  decided,  to  forward  to  the  Secretary  of 
State  of  the  United  States  the  certificate  of  their  elec- 
tion, and  the  Governor  must  also  provide  the  Electors 
with  three  similar  certificates,  one  of  which  must  be 
transmitted  by  the  Electors  to  the  President  of  the 
Senate.  Congress  is  required  to  be  in  session  on  the 
second  Wednesday  in  February  following  each  national 
election.  Both  Houses  must  meet  in  joint  session,  pre- 
sided over  by  the  President  of  the  Senate,  who  must 
open  the  sealed  returns  of  the  Electoral  vote  from  each 
State  in  alphabetical  order.  The  vote  must  be  can- 
vassed by  four  tellers,  two  appointed  by  the  Senate  and 
two  by  the  House,  and  the  result  announced.  One 
Senator  and  one  Representative  may  object  in  writing 
to  the  reception  of  the  return  from  any  State.  Objec- 
tions must  be  considered  by  each  House  separately, 
and  no  return  given  by  duly  certified  Electors  in  a 
State  from  which  only  one  return  has  been  received  can 
be  rejected;  but  the  two  Houses  concurrently  may  re- 
ject a  return  made  by  Electors  whose  appointment 
has  not  been  certified.  If  two  returns  are  received 
from  the  same  State,  the  return  made  by  the  certified 
Electors  must  be  counted.  Should  there  be  a  dispute 
regarding  the  legality  of  the  certification  or  of  the  vote 
cast  by  the  Electors,  Congress  may  decide  by  concurrent 
vote  which  return  is  valid,  and  if  the  two  Houses  cannot 


i.L 


iiUllWfcBi*    il 


INDIRECT  ELECTIONS 


133 


agree,  preference  shall  be  given  to  the  vote  cast  by  the 
Electors  whose  appointment  was  certified  by  the  Execu- 
tive of  the  State  under  the  State  seal.    When  objection 
has  been  made  to  the  return  from  a  State,  it  must  be 
disposed  of  before  the  count  can  continue.    No  debate 
is  permitted  in  the  joint  session,  and  when  objections 
are  being  considered  by  the  Houses  separately  each  Sena- 
tor and  Representative  is  permitted  to  make  only  one 
speech  limited  to  five  minutes.    Debates  cannot  last 
longer  than  two  hours.    The  joint  session  cannot  adjourn 
until  the  count  is  completed  and  the  result  has  been 
declared;   but  if  a  question  of  procedure  under  the 
act  has  arisen,  a  recess  may  be  taken  until  ten  o'clock 
in  the  mormng  of  the  next  day.     Not  even  a  recess  is 
permitted,  however,  if  the  count  has  not  been  completed 
on  the  fifth  day  after  it  began.    The  announcement 
of  the  result  by  the  President  of  the  Senate  constitutes 
the  declaration  of  the  result  of  the  election. 

220.  Direct  Vote  for  President. —There  has  been 
more  or  less  agitation,  especially  during  the  last  few 
years,  for  a  change  in  the  Constitution  which  will  abolish 
the  Electoral  College  and  provide  for  the  election  of  the 
President  and  Vice-President  by  direct  vote.  It  is  not 
probable  that  the  change  will  be  made,  "*  least  in  the 
near  future,  because  it  would  necessitate  uniformity 
in  the  qualifications  prescribed  for  voters,  and  the 


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134 


GOVERNMENT  BY  THE  PEOPLE 


diversity  of  opinion  on  this  subject  in  the  various  States 
seems  too  great  to  be  reconciled.  The  East  would  be 
relucta '  *o  accept  the  wide  latitude  granted  in  the 
West,  and  the  North  would  hardly  agree  to  the  prop- 
erty and  other  qualifications  adopted  in  the  South  to 
prevent  "negro  domination." 

aax.  Election  of  United  State'j  Senators.  — The  Con- 
stitution provides  that  United  States  Senators  shall  be 
chosen  by  the  legislatures  of  the  States  for  periods  of 
six  years,  and  that  no  candidate  shall  be  eligible  unless 
he  is  thirty  years  old  and  has  been  for  nine  years  a  citi- 
zen. Each  Senator  must  be  an  inhabitant  of  the 
State  from  which  he  is  sent.  The  times,  places,  and 
manner  of  choosing  Senators  and  Representatives  in 
Congress  were  left  to  the  decision  of  the  legislatures; 
but  the  right  to  regulate  them  by  law,  excepting  the 
places  for  choosing  Senators,  was  reserved  to  Congress. 
Under  this  reservation  Congress  passed  a  law  in  1866, 
providing  for  the  election  of  Senators.  The  last  legis- 
lature elected  before  the  expiration  of  a  senatorial  term 
in  any  State  is  required  to  meet  for  the  purpose  of  elect- 
ing a  new  Senator  on  the  second  Tuesday  following  its 
organization.  Each  branch  of  the  legislature  must 
assemble  separately  and  every  member  must  openly 
name  his  choice.  The  name  of  ihe  candidate  recei\  ing 
a  majority  of  the  vote  cast  in  each  branch  must  be 


INDIRECT  ELECTIONS 


135 


entered  on  the  journal,  and  if  either  branch  fails  to  give 
any  candidate  a  majority,  that  fact  must  be  entered  upon 
the  journal.  On  the  following  day,  at  noon,  the  two 
branches  of  the  legislature  must  meet  in  joint  session 
and  the  journals  must  be  read  and  compared.  If  they 
show  that  the  same  candidate  has  received  a  majority 
of  the  votes  in  both  branches,  he  must  be  declared  elected; 
but  if  not,  the  joint  assembly  must  proceed  to  vote. 
The  candidate  who  receives  a  majority  of  the  joint  ballot, 
a  quorum  being  present,  is  declared  elected.  If  no 
candidate  receives  a  majority,  the  legislature  must  meet 
in  joint  session  every  day  at  noon  until  the  legislature 
finally  adjourns  and  take  at  least  one  ballot.  The  same 
procedure  is  prescribed  for  filling  vacancies  in  the 
office  of  Senator.  The  Governor  is  required  to  certify 
the  election  of  Senators  to  the  President  of  the  Senate 
under  the  seal  of  the  State. 

322.  Appointment  of  Senators.  —  When  a  vacancy 
occurs  in  the  oflSce  of  Senator  while  the  legislature  is 
not  in  session,  the  Governor  may  appoint  a  Senator  to 
serve  until  the  legislature  meets;  but  the  Senate  has 
refused  to  admit  Senators  appointed  after  the  legisla- 
ture has  failed  to  fill  a  vacancy. 

323.  Election  controlled  by  the  Machine.  — The  elec- 
tion of  Senators  by  the  legislature  nearly  always 
insures  the  choice  of  the  candidates  favored  by  the 


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136 


GOVERNMENT  BY  THE  PEOPLE 


Machine  of  the  political  party  dominant  in  the  State. 
The  members  of  the  legislature,  nominated  and  elected 
by  the  Machine  and  held  together  by  the  party  caucus, 
vote  for  the  candidate  designated  by  the  Machine.  It 
has  happened  repeatedly  that  the  men  sent  by  the  legis- 
lature to  rnn  --sent  a  State  in  the  Senate  would  have 
had  no  chance  of  election  if  the  choice  had  been  made 
by  direct  vote.  The  party  "boss"  himself  often  claims 
the  office  as  a  perquisite.  If  he  does  not  care  for  it,  he 
is  likely  to  bestow  it  upon  some  rich  man  who  repre- 
sents the  corporate  interests  which  are  the  heaviest 
contributors  to  the  campaign  funds  collected  and 
expended  by  the  Machine.  More  than  once  the  pos- 
sessor of  a  fortune  has  boldly  purchased  a  Senatorship 
by  bribing  enough  members  of  the  legislature  to  elect 
him. 

234.  Election  of  Senators  by  Direct  Vote. — These 
conditions  have  led  to  frequent  and  urgent  demands  for 
the  amendment  of  the  Constitution  so  that  the  voters 
instead  of  the  legislature  may  elect  the  Senators.  Such 
amendments  have  been  passed  several  times  by  th" 
House  of  Representatives,  but  they  have  never  received 
the  approval  of  the  Senate  for  obvious  reasons.  As  a 
halfway  measure,  political  parties  in  some  of  the  States 
have  adopted  the  rule  of  proclaiming  their  candidate 
for  Senator  before  the  legislature  which  is  to  elect 


I 


■M 


INDIRECT  ELECTIONS 


137 


him  is  chosen.  This  gives  the  voters  a  chance  to  pledge 
candidates  for  the  legislature  in  advance  and  to  elect 
only  those  who  will  promise  to  support  the  senatorial 
candidate  of  their  choice.  A  still  nearer  approach  to 
the  election  of  Senators  by  direct  vote  is  obtained  by  the 
nomination  of  senatorial  candidates  in  Primary  elections, 
which  is  the  rule  in  Nebraska  and  in  many  of  the 
Southern  States.  Where  one  party  is  in  a  large  majority, 
such  a  nomination  is  equivalent  to  an  election,  and  the 
Primary  campaign  is  often  fought  with  all  the  spirit 
that  usually  enters  into  a  regular  election. 

3 a 5.  Indirect  Election  of  State  Officers.  —The  legis- 
lature may  also  elect  State  officers.  In  New  York, 
Regents  of  the  State  University  and  the  Commissioner 
of  Education  are  elected  by  the  same  method  that  is 
used  in  the  election  of  United  States  Senators. 


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V 


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CHAPTER  Vin 


BRIBERY   AND  INTIMIDATION 


aa6.  The  Corruption  of  Voters.  —  In  a  government 
founded  upon  the  rule  of  the  majority  it  is  essential 
that  the  voters  should  be  free  to  give  untrammelled  ex- 
pression to  their  wishes.  (§  i.)  If  this  freedom  does 
not  exist,  there  can  be  no  certainty  that  the  result  of  an 
election  actually  expresses  the  will  of  the  voters,  and  the 
government  is  in  danger  of  being  perverted  at  its  source. 
The  laws  regulating  the  preparation  and  casting  of  the 
ballots  seek  to  protect  the  voter  from  interference,  in- 
timidation, or  coercion  of  any  kind  at  the  polls.  (§  7.) 
These  laws  have  been  found  insufficient  to  insure  free- 
dom of  choice,  and  it  has  been  necessary  to  supplement 
them  by  a  series  of  statutes  known  as  "Corrupt  Practices 
Acts,"  which  forbid  and  punish  the  purcliase  of  votes 
and  the  intimidation  of  voters. 

227.  Laws  not  Enforced.  — These  acts  punish  the 
corrupt  use  of  money  in  elections  with  very  severe 
penalties,  including  forfeiture  of  office,  loss  of  the  right 
to  vote,  fine,  and  imprisonment;  but  they  have  not 
been  effective  in  preventing  corruption,  and  there  is 

138 


BRIBERY  AND   INTIMIDATION 


139 


no  State  in  which  votes  are  not  bought  and  sold  with 
impunity.  This  arises  from  the  fact  that  the  laws  are 
not  enforced.  With  the  elections  largely  under  the 
control  of  the  political  Machines,  both  of  which  are 
usually  guilty  of  a  greater  or  less  degree  of  corruption, 
there  is  no  active  agency  to  compel  the  observance  of 
the  law  forbidding  bribery.  The  prosecuting  officers 
are  often  themselves  beneficiaries  of  vote-buying  and, 
if  not,  their  loyalty  to  the  Machine  binds  their  hands. 
(§6.)  Probably  nothing  short  of  a  non-partisan  vigi- 
lance committee,  backed  by  public  sentiment,  could 
bring  about  the  enforcement  of  the  statutes.  Such 
committees  have  proved  effective  in  restricted  communi- 
ties where  conditions  have  become  especially  flagrant. 

(§  280.) 

228.  Business  and  Politics.  — Corporations,  and  espe- 
cially public  service  corporations,  are  the  worst  offend- 
ers against  the  freedom  of  the  voter.  These  corpora- 
tions are  open  to  attack  from  public  officials  who  are 
partisans  and  from  partisan  legislative  majorities. 
WTien  the  party  Machine  makes  a  demand  upon  them 
for  money  for  its  campaign,  the  request  carries  with  it 
an  implied  threat  of  reprisal  in  case  the  demand  is  re- 
fused and  an  implied  promise  of  favor  if  a  liberal  con- 
tribuiion  is  made.  If  there  happen  to  be  rival  corpora- 
tions in  the  same  field,  they  are  likely  to  bid  against  each 


!;■■ ; 


X 


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GOVERNMENT  BY  THE  PEOPLE 


other  in  the  size  of  their  campaign  donations  and  they 
usually  give  to  both  the  Machines.  The  money  thus 
contributed,  of  course,  legally  belongs  to  the  stock- 
holders, whose  consent  is  not  asked  when  the  contribu- 
tions are  made. 

aag.  Assessment  of  Candidates.  —  Enormous  funds 
collected  from  corporations  are  swelled  by  assessments 
upon  candidates  and  upon  office-holders.  The  assess- 
ment upon  candidates,  when  well  established  in  custom, 
practically  places  a  property  qualification  upon  office- 
holding,  since  the  man  who  cannot  afford  to  pay  the 
assessment  is  debarred  from  nomination.  It  is  also  a 
direct  incentive  to  dishonesty  in  office  because  the 
candidate  who  has  paid  an  assessment  naturally  seeks 
to  reimburse  himself  after  his  election. 

230.  Corporations  forbidden  to  Contribute.  —  In 
order  to  break  the  connection  between  corporations 
and  political  Machines,  New  York  State  in  1906  placed 
a  law  upon  its  statute  books  forbidding  all  corporations, 
excepting  corporations  organized  for  political  purposes 
only,  such  as  political  clubs,  to  make  any  political  con- 
tributions. It  provides  that  any  officer  or  agent  of  a 
corporation  who  makes  such  a  contribution,  or  who 
consents  to  it,  shall  be  punished  by  imprisonment  for 
not  more  llian  one  year  and  also  by  a  fine  of  not  more 
than  $1000. 


BRIBERY  AND  INTIMIDATION 


141 


the 


iple  set  by  New  York,  Congrc 


Following  the  exam] 
in  1907  passed  a  bill  which  is  now  a  law,  forbidding 
National  banks  or  other  corporations  doing  business  by 
the  authorization  of  Congress  to  make  any  political 
contributions  and  forbidding  any  corporation  to  make 
a  contribution  in  a  Congressional  or  Presidential  elec- 
tion. Violations  of  this  law  are  punish^^ole  by  a  fine 
of  not  more  than  $5000  for  corporations,  and  by  a  fine 
of  from  $250  to  $1000,  or  imprisonment  for  not 
more  than  one  year,  or  both,  for  officers  or  directors 
of  corporations. 

231.  Vote-buying  in  New  York.  — In  New  York 
State  very  severe  laws  intended  to  prevent  the  cor- 
ruption of  voters  are  contained  in  the  Penal  Code. 
They  seem  amply  sufficient  to  prevent  or  punish 
illegal  practices;  and  yet  in  no  State  is  the  purchase 
of  votes  more  generally  countenanced,  while  the 
enforcement  of  the  penalties  provided  by  the  Code 
is  so  rare  as  to  excite  remark  when  it  is  attempted. 
A  striking  indication  was  recently  given  of  the  in- 
effectiveness of  the  law.  In  the  city  of  Elmira  the 
habitual  purchase  of  votes,  sometimes  as  high  as  $40 
each,  had  become  so  heavy  a  charge  upon  the  party 
organizations  that  the  Republican  and  Democratic 
Machine  leaders  attempted  to  put  an  ei.^-l  to  it,  not 
by  enforcing  the  law,  but  by  signing  a  formal  agree- 


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142 


GOVERNMENT  BY  THE  PEOPLE 


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ment  limiting  the  sum  to  be  expended  for  campaign 
purposes  to  $40  for  each  election  district.    (§281.) 

333.  Entertainment  of  Voters  Forbidden.  — The  New 
York  law  forbids  any  person  to  give  or  cause  to  be  given, 
directly  or  indirectly,  or  to  pay  for  either  wholly  or  in 
part,  any  meat,  drink,  tobacco,  refreshment,  or  provi- 
sion to  any  other  person  in  connection  with  or  in  respect 
of  any  election,  excepting  as  part  of  the  travelling  ex- 
penses of  candidates,  political  agents,  committees,  or 
public  speakers.  If  rigidly  enforced,  this  provision 
would  abolish  the  "campaign  cigar,"  and  thus  put  an 
end  to  a  time-honored  American  joke.  The  punish- 
ment for  a  first  offence  is  imprisonment  for  not  more 
than  one  year,  or  a  fine  of  $500,  or  both,  and  a  second 
offence  constitutes  a  felony.    (§  255.) 

333.  Use  of  Money  Restricted.  — ^Money  may  be  used 
under  the  New  York  law  in  connection  with  elections 
only  for  the  following  purposes:  — 

Rent  of  halls  and  compensation  of  speakers,  music 
and  fireworks  for  public  meetings,  and  expenses  of  ad- 
vertising the  same,  together  with  the  usual  and  minor 
expenses  incident  thereto; 

The  preparation,  printing,  and  publication  of  posters, 
lithographs,  banners,  notices,  and  literary  material; 

The  compensation  of  agents  to  supervise  and  prepare 
articles  and  advertisements  in  the  newspapers,  to  exam- 


'  ''w^iHihi 


BRIBERY  AND  INTIMIDATION 


143 


ine  questions  of  public  interest  bearing  on  the  election, 
and  report  on  the  same; 

The  payment  of  newspapers  for  advertisements, 
pictures,  reading  matter,  and  additional  circulation,  and 
the  preparation  and  circulation  of  circular  letters, 
pamphlets,  and  literature  bearing  on  the  election; 

Rent  of  offices  and  club  rooms; 

Compensation  of  such  clerks  and  agents  as  shall  be 
required  to  manage  the  necessary  and  reasonable  busi- 
ness of  the  election  and  of  attorneys  at  law  for  actual 
legal  services  rt  'ered  in  connection  with  the  elec- 
tion; 

The  preparation  of  lists  of  voters; 

Pa}anent  of  necessary  personal  expenses  by  a  candi- 
date; 

The  reasonable  travelling  expenses  of  the  committee- 
men, agents,  clerks,  and  speakers,  postage,  express, 
telegrams,  and  telephones; 

The  expenses  of  preparing,  circulating,  and  filing  a 
petition  for  nomination; 

Compensation  of  and  food  for  poll  workers  or  watch- 
ers, and  election  officers; 

Hiring  of  carriages  for  conveying  electors  to  the  polls, 
not  exceeding  three  carriages  for  each  election  district 
in  a  city  and  not  exceeding  six  carriages  in  any  other 
election  district; 


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144  OOVERNMENT  BY  THE  PEOPLE 

The  actual  necessary  railroad  travelling  expenses  for 
transportation  of  voters  to  and  from  their  places  of 
residence  for  the  purpose  of  voting. 

The  payment,  loan,  promise,  or  offer  of  money  for 
any  other  purpose  than  those  specified  constitutes  a 
misdemeanor.     (§  249.) 

234.  Indirect  Bribery.  —  Bribery  is  by  no  means 
confined  to  the  direct  purchase  of  voters.  Where  the 
secret  ballot  is  used,  the  vote-buyer  cannot  be  certain 
that  he  is  getting  his  money's  worth  without  collusion 
on  the  part  of  the  election  ofl&cials  who  must  mark  the 
ballot  voted  by  the  "floater"  in  such  a  way  that  it  can 
be  identified  in  the  count.  It  is  possible  to  promote 
the  election  of  a  candidate  b"  bribing  voters  of  the 
opposite  party  to  refrain  from  registering  or  voting. 
On  the  other  hand,  the  vote  for  a  candidate  may  be 
increased  by  rewarding  the  adherents  of  the  party  which 
nominated  him  for  registering  or  going  to  the  polls 
to  vote.  The  same  result  may  be  brought  about  by 
paying  voters  to  aid  in  obtaining  a  large  vote  for  one 
candidate  or  a  small  vote  for  another.  The  inducement 
in  any  of  these  cases  may  be  a  money  payment  or  a 
promise  of  money  or  of  appointment  to  office.  Such 
agreements  are  forbidden  by  the  law.  Persons  par- 
ticipating in  them  are  guilty  of  a  felony,  punishable  by 
imprisonment  for  not  more  than  five  years,  forfeiture 


^ 


BRIBERY  AND  INTIMroATION 


145 


of  any  office  to  which  they  have  been  elected  in  the  elec- 
tion during  which  the  offence  was  committed,  and  dis- 
qualification for  holding  office  for  five  years  after  con- 
viction. If  the  offender  is  a  voter  who  accepts  money, 
or  permits  himself  to  enter  into  any  agreement  regarding 
the  nature  of  his  vote,  or  any  agreement  for  voting  or 
failing  to  vote,  he  is  declared  to  be  guilty  of  a  felony 
and  is  excluded  from  the  right  of  voting  for  five  years 
after  his  conviction.  The  name  of  the  offender  must  be 
filed  in  the  office  of  the  clerk  of  each  county  in  the 
State,  with  a  copy  of  the  record  of  the  conviction. 

235.  Broad  Scope  of  the  Law.  — These  provisions 
of  the  law  include  every  person  who  gives  or  lends  money 
either  directly  or  indirectly,  for  the  bribery  of  voters, 
or  who  offers  to  do  so,  or  who  reimburses  any  person 
for  money  spent  for  bribery.  They  also  include  every 
person  who  gives  or  offers  to  give,  or  to  procure  or  to 
endeavor  to  procure  any  office,  place,  or  employment 
to  or  for  a  voter,  for  the  purpose  of  influencing  his 
vote. 

236.  Witnesses  compelled  to  Testify.  —  No  person 
who  has  been  concerned  in  the  bribery  of  voters  and  who 
is  summoned  as  a  witness  may  refuse  to  testify  on  the 
ground  that  his  testimony  might  incriminate  or  degrade 
him.  He  must  tell  all  he  knows;  but  his  testimony 
cannot  afterward  be  used  against  him  nor  can  he  be 


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GOVERNMENT  BY  THE  PEOPLE 


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prosecuted  for  any  share  he  may  have  had  in  a  violation 
of  the  law  regarding  which  he  has  given  evidence. 

237.  Intimidation  Prohibited.  — The  law  also  forbids 
the  intimidation  of  Viccrs.  This  method  of  influencing 
votes  was  most  frequently  used  by  employers  who  were 
accustomed  to  warn  or  threaten  their  employees  that  the 
election  of  one  candidate  or  party  ticket  would  be  to 
their  advantage,  while  the  triumph  of  the  opposing 
candidate  or  ticket  would  result  in  a  decrease  of  business 
and  a  reduction  of  wages.  No  person  or  corporation 
is  permitted  to  use  force,  violence  or  restraint,  threats, 
fraudulent  device  or  intimidation  to  influence  any  voter 
in  the  exercise  of  his  right  to  vote.  No  employer  of 
labor  is  permitted  to  use  "pay  envelopes"  upon  which 
is  printed  any  political  motto  or  argument  calculated  to 
influence  the  political  opinions  or  actions  of  employees, 
or  within  ninety  days  of  the  election  to  display  in  his 
establishment  any  handbill  or  placard  containing  the 
information  that  if  any  particular  candidate  or  ticket 
is  elected  or  defeated,  there  will  be  less  work  or  lower 
wages.  Violation  of  these  provisions  constitutes  a 
misdemeanor. 

238.  Coercion  of  Soldiers.  —  Because  of  the  authority 
given  to  officers  in  the  military  service  over  the  enlisted 
men  it  b  easy  for  them  to  practise  intimidation  or  to 
punish  the  men  for  refusing  to  be  coerced  into  voting 


i 

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BRIBERY  AND  INTIMIDATION 


147 


for  this  or  that  ticket.  The  law  provides  that  any 
attempt  to  control  the  votes  of  enlisted  men  or  to  injure 
them  for  the  way  in  which  they  voted  is  a  misdemeanor. 
Any  person  who  is  found  guilty  under  this  provision 
may  be  punished  whenever  he  is  found  within  the  State, 
and  conviction  disqualifies  him  from  holding  office  in 
the  State. 

239.  Conspiracy  a  Crime.  —  If  two  or  more  persons 
conspire  to  influence  the  result  of  the  election  by  the 
employment  of  any  means  prohibited  by  law,  and  any- 
thmg  is  done  by  either  or  any  of  them  in  accordance 
with  their  conspiracy  or  agreement,  all  of  them  may  be 
punished  by  imprisonment  for  not  more  than  one  year. 
Conspiracy  constitutes  a  distinct  offence,  and  persons 
parilcipating  in  conspiracies  may  also  be  punished  for 
any  specific  violation  of  the  election  law  that  they  may 
commit. 

240.  Assessment  of  Office-holders.  —The  levy  or 
collection  of  political  assessments  upon  employees  in  the 
public  service  is  expressly  forbidden.  These  assess- 
ments are  usually  laid  on  the  basis  of  a  certain  percent- 
age of  the  salary  paid  to  the  employee,  the  amount 
ranging  commonly  from  three  to  ten  per  cent  of  the 
annual  salary.  Refusal  to  pay  is  likely  to  be  punished 
by  dismissal  or  some  other  mark  of  disfavor,  and  the 
employee  is  well  aware  of  what  is  in  store  for  him  if  he 


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148 


GOVERNMENT  BY  THE  PEOPLE 


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declines.  Until  within  recent  years  it  was  the  custom  for 
the  official  charged  with  the  duty  of  paying  salaries  to 
deduct  the  campaign  assessment  when  the  payment 
was  made,  usually  a  month  before  election  day,  and  to 
turn  the  proceeds  of  the  levy  over  to  the  campaign  com- 
mittee of  the  party  in  power.  The  exaction  of  such  a 
contribution  in  a  large  city  where  millions  of  dollars 
are  paid  in  salaries  yields  a  very  great  sum. 

241.  Assessment  Forbidden.  —  In  order  to  prevent 
such  demands  the  law  provides  that  no  public  officer  of 
the  State,  or  of  any  county,  town,  city,  or  village,  shall 
either  pay  or  promise  to  pay  a  political  assessment, 
or  use  his  authority  to  compel  or  induce  any  such 
promise  or  payment.  Every  official  having  charge 
of  a  building,  room,  or  office  is  forbidden  to  permit 
any  person  to  enter  for  the  purpose  of  collecting 
campaign  funds,  or  to  prepare  or  present  any  list  of 
assessments  upon  employees.  An  offence  against 
these  provisions  is  a  misdemeanor. 

243.  The  "  Spoils  System."  — Another  provision  of  the 
New  York  law  seeks  to  annul  the  political  doctrine  that 
"to  the  victors  belong  the  spoils."  It  prohibits  any 
official  or  any  candidate  for  office  from  promising  to  use, 
either  directly  or  indirectly,  any  authority  that  he  may 
possess  to  procure  any  nomination,  appointment,  in- 
crease of  salary,  confirmation,  or  promotion,  upon  condi- 


'Jkbk. 


BRIBERY  AND  INTIMIDATION 


149 


tion  that  the  vote  or  political  influence  of  the  recipient 
shall  be  used  in  behalf  of  any  candidate  or  party  ticket. 
This  offence  is  punishable  by  imprisonment  for  not  more 
than  two  years,  or  by  a  fine  of  not  more  than  $3000,  or 
by  both  fine  and  imprisonment.     (§  103.) 

243.  Sale  of  Office.  — The  sale  of  nominations  and 
appointments  to  office  is  forbidden.  No  person  is 
permitted  to  procure  or  to  offer  to  procure  any  nomina- 
tion or  app)ointment,  or  to  accept  a  nomination  or  ap- 
pointment, in  return  for  any  valuable  consideration.  No 
gift,  promise,  or  contribution  may  be  given  or  received 
for  an  appointment,  election,  promotion,  privilege,  in- 
crease of  compensation,  or  immunity  from  removal. 
The  punishment  for  an  offence  against  this  provision 
of  the  law  is  imprisonment  for  not  more  than  two  years, 
or  a  fine  of  not  more  than  $3000,  or  both.  Any  person 
other  than  the  authorized  representative  of  the  political 
organization  to  which  a  candidate  belongs,  who  solicits 
money  from  him,  is  guilty  of  a  misdemeanor. 

244.  Statements  by  Candidates.  — The  New  York 
law  requires  candidates  to  make  sworn  statements  of 
their  expenditures  and  limits  the  amounts  which  they 
may  spend  in  aid  of  thtir  election.  The  maximum 
expenditures  permitted  by  the  law  are  as  follows :  — 

For  the  office  of  Governor,  $10,000.  The  Governor's 
salary  is  $10,  nx). 


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150  GOVERNMENT  BY  THE  PEOPLE 

For  any  other  State  office,  excepting  a  judicial  office, 
$6000.  The  salary  of  the  elective  State  officers,  other 
than  the  Governor  and  Judges  of  the  Court  of  Appeals, 

is  $5000. 

For  the  office  of  Representative  in  Congress  or  Prcsi 
dential  Elector,  $4000.    The  salary  of  Representatives 
in  Congress  is  $5000.    Electors  receive  no  compensa- 
tion. 

For  the  office  of  State  Senator,  $2000.    The  salary 

of  Senators  is  $1500. 

For  the  office  of  Member  of  the  State  Assembly, 
$1000.    The  salary  of  Members  of  the  Assembly  is 

$1500. 

For  any  other  elective  office  to  be  filled  by  the  voters 
of  a  county,  city,  town,  or  village,  $500  if  the  total 
number  of  votes  cast  in  the  District  in  the  last  preceding 
gubernatorial  election  was  5000  or  less,  and  $3  addi- 
tional for  each  100  votes  cast  in  excess  of  5000. 

That  these  limitations  were  needed  was  shown  by 
the  fact  that  the  Democratic  candidate  for  Governor 
in  the  State  election  of  1906  spent  $256,370  in  the 
election.  One  of  the  candidates  for  State  Senator 
spent  $30,000  to  win. 

The  law  provides  that  any  candidate  who  shall  exceed 
the  legal  limit  of  expenditure  shall  be  guilty  of  a  misde- 
meanor.   There  is  no  limitation  upon  the  expenditure 


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BRIBERY  AND  INTIMIDATION 


IS' 


^n 


of  candidates  for  the  office  of  United  States  Senator. 
(§  259.)  Every  candidate  for  office,  within  ten  days 
after  the  election,  is  required  to  file  a  sworn  statement 
showing  in  detail  all  the  money  that  he  has  contributed 
or  expended  in  aid  of  his  election.  Thi-  statement 
must  give  the  names  of  the  persons  who  received  the 
money  and  the  purpose  for  which  it  was  contributed  or 
expended.  Candidates  voted  for  in  more  than  one 
county  must  file  these  statements  with  the  Secretary 
of  State.  Candidates  for  county,  town,  city,  or  village 
offices  must  file  their  statements  with  the  county,  town, 
city,  or  village  clerk,  as  the  case  may  be.  Neglect  or 
refusal  to  file  this  statement  is  punishable  by  forfeiture 
of  office  and  also  as  a  misdemeanor.    (§250.) 

245.  Naturalization  Frauds. — One  of  the  most 
flagrant  election  evils,  especially  in  the  large  cities,  is 
the  procurement  of  fraudulent  naturalization  for  the 
purpose  of  giving  the  ballot  to  aliens  who  are  not  legally 
entitled  to  it.  Not  only  have  thousands  of  fraudulent 
votes  been  manufactured  in  this  way,  but  valid  naturali- 
zation papers  are  often  sold  by  foreign-bom  citizens 
returning  home,  to  other  foreigners  newly  arrived  who 
vote  under  them  by  assuming  the  name  of  the  man  to 
whom  they  were  originally  granted.  The  candidates 
of  the  political  party  whose  agents  aid  in  these  frauds 
naturally  receive  the  votes  of  the  beneficiaries  of  them. 


1^! 


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GOVERNMENT  BY  THE  PEOPLE 


it 

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To  check  this  abuse  the  New  York  law  forbids  any  per- 
son to  procure  from  any  court  a  fraudulent  naturaliza- 
tion with  the  intent  of  enabling  himself  or  any  other 
person  to  vote,  or  to  present  to  any  election  officer  or 
other  official  a  certificate  of  naturalization  fraudulently 
obtained.  Violation  of  this  provision  constitutes  a 
felony.     (§  24.) 

246.  Federal  ITaturalization  Law.  —  So  gross  and 
notorious  did  the  naturalization  frauds  become  in 
many  of  the  States  that  the  national  government  was  at 
last  forced  to  attempt  to  check  them.  Congress  in 
June,  1906,  passed  a  bill  creating  a  Bureau  of  Immigra- 
tion and  Naturalization  in  the  Department  of  Commerce 
and  Labor,  and  giving  it  general  supervision  of  all 
naturalizations.  The  provisions  of  this  law  have  al- 
ready been  described.  (§§  19-26.)  One  of  the  strong- 
est arguments  advanced  in  supp)ort  of  the  new  national 
law  was  drawn  from  the  fact  that  the  United  States,  in 
seeking  to  protect  naturalized  citizens  abroad,  has  often 
been  humiliated  by  the  discovery  of  the  fact  that  the 
supposed  citizen  had  been  fraudulently  naturalized 
with  the  connivance  of  politicians  and  the  courts. 

247.  Distribution  of  Campaign  Funds.  —  In  general 
practice  no  check  is  placed  upon  the  collection  and 
expenditure  of  campaign  funds.  Enormous  sums  are 
contributed  and  disbursed  in  every  State  and  national 


BRIBERY  AND  INTIMIDATION 


153 


'I 


election.  There  is  no  means  of  knowing  how  much  is 
collected  in  any  one  election  or  how  it  is  spent.  No 
record  is  kept  of  receipts  or  disbursements.  In  na- 
tional elections,  the  national  p;  rty  committees  have  a 
fund,  the  State  committees  another,  and  the  various 
county  committees  another.  The  national  committees 
spend  a  certain  amount  directly  and  make  an  allotment 
to  the  State  committees.  The  State  committees,  in  turn, 
pay  the  expenses  of  their  general  campaign  and  divide 
a  portion  of  their  funds  among  the  county  committees. 
The  county  leaders  distribute  funds  among  the  Assem- 
bly or  election  district  committees.  In  the  larger  cities 
this  money  goes  to  the  Assembly  District  leaders,  who 
divide  it  among  their  election  district  captains.  This 
final  distribution  is  made  within  forty-eight  hours  of 
election  day. 

248.  How  the  Money  is  Spent.  — The  election  district 
captain  sometimes  pockets  a  part  or  all  of  the  money  that 
he  receives  and  that  is  the  end  of  it  so  far  as  the  elec- 
tion is  concerned.  If  he  is  "  honest,"  he  uses  the  money 
to  influence  voters,  either  by  buying  their  votes  outright 
or  in  some  more  roundabout  way.  A  favorite  device  in 
the  rural  districts  is  to  hire  men  who  own  teams  to  "  con- 
vey electors  to  the  polls,"  which  is  permissible  under 
the  law.  The  horses,  however,  are  often  not  taken  out 
of  the  bam  and  their  owner  understands  perfectly  that 


tl 


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154 


GOVERNMENT  BY  THE  PEOPLE 


the  money  advanced  for  their  hire  has  actually  been  paid 
to  him  for  his  vo*e.  In  a  similar  manner  large  sums 
are  paid  in  cities  to  men  who  are  supposed  to  "  work  at 
the  polls,"  but  whose  only  work  consists  in  voting  the 
ticket  of  the  party  whose  agents  hired  him.  How  much 
money  has  been  collected  and  spent  in  an  election  is 
one  of  the  most  carefully  guarded  secrets  of  the  campaign 
managers.  The  reason  for  this  mystery  is  that  if  the 
truth  should  be  told,  there  would  certainly  be  a  public 
demand  for  information  as  to  where  the  money  had 
come  from  and  how  it  had  been  spent.  In  several 
of  the  States  this  demand  has  already  been  made 
with  such  persistence  that  laws  have  been  passed 
to  satisfy  it. 

349.  Expenditures  by  Committees.  —  In  New  York 
State  the  Penal  Code  prohibition  of  bribery  and  intimi- 
dation and  the  requirement  compelling  candidates  to 
file  statements  of  their  contributions  and  expenditures 
having  failed  to  prevent  corruption  (§§  233,  244),  the 
Legislature  of  1906  supplemented  them  by  a  new  statute. 
This  took  the  form  of  an  amendment  to  the  Election 
Law  and  it  was  modelled  on  similar  laws  of  Massachu- 
setts and  Connecticut,  which  were  adaptations  of  the 
Corrupt  Practices  Acts  of  Great  Britain  and  her  colonics. 
This  new  law  seeks  to  combat  bribery  by  compelling 
the  Machines  themselves  to  make  a  complete  accounting 


BRIBERY  AND  INTIMIDATION 


155 


of  all  campaign  expenditures.    It  defines  a  "  political 
committee"   as  any  combination  of  three  or  more 
persons  to  promote  the  success  or  defeat  of  any  party  or 
candidate  in  an  election.    Every  politi'-al  committee 
must  have  a  treasurer,  whose  name       >.  a*  Jress  must 
be  filed  in  the  office  of  the  Secret?     o    ?u '.  i  k'  '  ''O 
must  keep  a  detailed  account  of    H  n     ic^  r  .".<  !  (X 
promised  and  of  all  expendUh        r  -c     ia<icr    Lv 
authority  of  the  committee.     '•     ry    ?^  'u  at    .'  more 
than  five  dollars  to  any  one  pc. s^n    u  -    b      ..urlied 
for  in  a  detailed  receipt  which  mui*  I'    ^\-Lsei"ct'  for 
fifteen  months  after  the  election.    The  :        • :  ("•  cI  each 
committee,  within  twenty  days  after  the  election,  must 
file  a  statement  showing  in  detail  all  the  receipts  and 
expenditures  or  liabilities  incurred  by  the  committee. 
The  statement  of  receipts  must  contain  the  name  of 
the  contributor  and  the  date  of  each  contribution,  and 
no  indirect  contribution  is  permitted  to  be  made  or 
received.    The  statement  of  expenditures  must  contain 
each  payment  greater  than  five  dollars  to  any  one  per- 
son or  committee,  the  name  of  the  person  or  committee 
to  whom  it  was  made,  and,  unless  it  was  made  to  an- 
other committee,  a  clear  statement  of  its  purpose.    All 
statements  must  be  filed  with  the  Secretary  of  State 
upon  blanks  furnished  by  him,  and  all  statements, 
vouchers,  and  receipts  must  be  open  to  public  inspec- 


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156 


GOVERNMENT  BY  THE  PEOPLE 


tion.  Every  contributor  who  does  not  make  his  con- 
tribution to  a  political  committee  or  to  a  candidate  must 
file  a  statement  similar  to  that  required  of  a  political 
committee  and  must  obey  the  rules  laid  down  for  such 
a  committee. 

No  person  is  permitted  to  make  a  contribution  to  a 
candidate  or  to  a  political  committee  under  any  name 
other  than  his  own.  Whoever,  by  authority  of  a  political 
committee  or  a  candidate,  receives  money  or  incurs  a 
liability  must  furnish  a  detailed  accounting  of  it  within 
three  days  after  demand  and  must  in  any  event  file  an 
accounting  within  fourteen  days  after  the  receipt  of  the 
contribution  or  the  incurring  of  the  liability.  Such  state- 
ments become  a  part  of  the  prescribed  records  of  the 
political  committee  or  the  candidate. 

250.  Personal  Expenses.  —  A  candidate  or  any  other 
person  interested  in  an  election  may  pay  money  per- 
sonally for  the  payment  of  his  own  travelling  expenses, 
for  the  preparation  and  circulation  of  any  letter,  circular, 
or  other  publication  not  issued  at  regular  intervals  set- 
ting forth  his  position  and  views  on  public  questions, 
and  for  stationery,  postage,  telegraph,  telephone,  and 
messenger  service.  No  statement  need  be  made  of  these 
"personal"  expenditures  (§  244),  but  candidates  must 
state  all  contributions  made  by  them. 

351.   Judicial  Inquiry  and  Penalties.  —  If  any  com- 


¥: 


BRIBERY  AND  INTIMIDATION 


157 


mittee  or  person  fails  to  make  the  required  statement, 
or  if  the  statement  filed  is  false  or  defective,  the  Supreme 
Court  may  compel  obedience  by  a  summary  order  as  in 
contempt  proceedings.  The  applicant  for  such  an  order 
must  present  to  the  court  a  petition  setting  forth  his 
reasons,  and  unless  the  applicant  is  the  Attorney-General, 
he  must  file  a  bond  sufficient  to  cover  the  costs  of  the 
proceeding  in  case  the  decision  is  in  favor  of  the  de- 
fendant. The  Attorney-General,  any  candidate  voted  for 
in  the  election,  or  any  five  qualified  voters,  may  petition 
for  an  order  within  fifteen  days  after  the  filing  of  the 
required  statement.  The  court  must  proceed  without 
delay  to  inquire  whether  the  allegations  contained  in 
the  petition  are  true,  and  the  case,  together  with  any 
appeal  that  may  be  made,  takes  precedence  over  all 
other  cases.  Witnesses  are  compelled  to  testify,  but  their 
testimony  exempts  them  from  prosecution  for  any  offence 
to  which  it  may  relate.  The  public  proseculor  must 
examine  the  witnesses,  and  the  defendant  may  be 
represented  by  counsel.  If  the  court  finds  that  no 
statement  has  been  filed,  or  that  the  statement  filed  is 
false  or  incomplete,  but  that  there  has  been  no  "wilful 
intent"  to  evade  the  law,  the  defendant  must  correct  the 
error  within  ten  days  and  pay  the  costs  of  the  proceeding. 
If  the  court  finds  that  there  has  been  "wilful  intent" 
to  evade  the  law,  or  if  the  defendant  fails  to  correct  or 


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GOVERNMENT  BY  THE  PEOPLE 


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file  a  statement  after  having  been  ordered  to  do  so, 
the  defendant  must  pay  the  costs  of  the  proceeding  and  is 
also  liable  to  a  fine  of  not  more  than  $1000,  or  to  im- 
prisonment for  not  more  than  one  year,  or  both.  If  the 
court  finds  that  the  defendant  has  complied  with  the 
law,  the  applicant  for  the  order  must  pay  the  costs  of 
the  proceeding.  The  law  does  not  apply  to  town  or 
village  elections,  or  to  newspapers  or  periodicals. 

asa.  Weakness  of  the  Law.  —  It  has  been  suggested 
that  one  of  the  main  causes  for  the  failure  of  State  laws 
against  the  bribery  of  voters  may  lie  in  the  fact  that 
they  do  not  punish  violations  with  forfeiture  of  office 
unless  the  offence  is  committed  by  the  candidate. 
In  other  words,  penalties  for  violations  fall  upon  the 
individual  offenders  and  not  upon  the  party  Machines 
that  procure  or  encourage  the  offence,  or  upon  the 
candidate  who  is  the  benefit  iry.  If  the  Machine 
can  steal  an  election,  its  tools  may  be  punished,  but  it 
is  allowed  to  retain  possession  of  the  stolen  property. 

353.  Forfeiture  of  Office.  —  Under  the  British  Cor- 
rupt Practices  Act,  violations  of  the  law,  committed  to 
promote  the  election  of  a  candidate,  render  his  election 
void.  This  tends  to  remove  the  temptation  to  disregard 
the  law  because  it  makes  corruption  defeat  its  own 
object,  and  it  also  punishes  the  party  organization  by 
depriving  it  of  the  fruit  of  a  corrupt  victory. 


in 


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« 


BRIBERY  AND  INTIMIDATION 


159 


as4.  The  Canadian  Law. —The  Canadian  laws 
against  bribery  are  much  more  exact  and  compre- 
hensive than  any  that  have  been  enacted  on  this  side 
of  the  border.  The  Corrupt  Practices  Act  of  the 
Province  of  Ontario  provides  that  any  person  found 
guilty  of  bribery  shall  be  fined  $200  and  shall  also  be 
imprisoned  for  six  months.  Any  voter  accepting 
a  bribe  may  either  be  fined  not  more  than  $200  or  be 
imprisoned  for  not  more  than  six  months.  The  penalty 
for  the  person  giving  the  bribe  is  thus  made  more 
severe  than  the  penalty  for  the  person  receiving  it. 

255.  "Treating"  Forbidden.  —  The  "anti-treating" 
section  of  the  Ontario  law  is  also  different  from  similar 
laws  in  this  country.  It  forbids  any  candidate  or  any 
other  person  to  "either  provide  or  furnish  drink  or 
other  entertainment"  to  any  meeting  of  electors  pre- 
vious to  or  during  the  election.  No  candidate,  either 
directly  or  indirectly,  may  provide  "any  meat,  drink, 
refreshment,  or  provision"  to  any  voter  for  the  purpose 
of  influencing  his  vote.  The  giving  of  meat  or  drink 
in  a  general  or  "miscellaneous"  manner  is  declared 
a  corrupt  practice,  and  no  candidate  may  plead  in  his 
defence  that  he  has  "been  in  the  habit  of  treating." 
(§  232.) 

256.  Transportation  of  Voters  Prohibited.  —  No  can- 
didate or  his  agent  is  permitted  by  the  Ontario  law  to 


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GOVERNMENT  BY  THE  PEOPLE 


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pay  any  of  the  oxjx'nsc  of  bringing  voters  to  the  polls, 
either  by  providing  conveyances  or  railway  transporta- 
tion. The  law  contains  the  usual  prohibition  of  duress, 
intimidation,  or  fraud  to  influence  voters,  and  of  fal-c 
impersonation,  repeating,  and  betting  on  ^he  result  of 
the  election. 

257.  Drastic  Penalties.  —  It  is  in  the  general  penalty 
for  corrupt  practices  that  the  Ontario  statute  difTcr> 
most  radically  from  the  laws  of  the  States.  It  providi:; 
that  when  it  is  found  "that  any  corrupt  practice  ha? 
been  committed  by  a  candidate  at  an  election,  or  by 
his  agent,  whether  with  or  without  the  actual  knowl- 
edge and  consent  of  the  candidate,  the  election  of  ti.e 
candidate,  if  he  has  been  elected,  shall  be  void,"  un- 
less it  appears  that  the  offences  were  committed  with- 
out the  knowledge  and  consent  of  the  candidate  an: 
also  that  they  were  of  so  trifling  a  nature  as  not  :: 
have  affected  the  result  of  the  election.  When  it  > 
found  that  the  candidate  had  knowledge  of  and  con- 
sented to  the  corruption,  in  addition  to  losing  l.if 
office,  he  is  disfranchised  for  eight  years  and  c;:- 
qualified  from  holding  any  office,  either  elective  ^r 
appointive. 

258.  Purchased  Votes  Void.  —If  a  voter  has  tak.n 
a  bribe,  his  vote  is  void  and  he  is  debarred  by  ::.: 
Ontario  law  from  voting  in  the  next  election.    WTien  2. 


BRIBERY  AND  INTIMIDATION 


i6i 


a 


' 


candidate  or  his  agent  has  committed  a  corrupt  practice 
with  respect  to  a  voter,  the  candidate  loses  one  vote 
for  each  voter  with  respect  to  whom  the  corrupt  practice 
was  committed.  Every  person  other  than  a  candidate 
who  is  convicted  of  a  corrupt  practice  is  disqualified 
from  holding  otlice  and  disfranchised  for  eight  years. 
When  the  right  of  a  voter  to  vote  is  challenged,  the 
burden  of  proving  that  he  is  entitled  to  vote  rests  upon 
him  and  not  upon  the  challenger.  Judges  trying 
cases  of  corrupt  practice  involving  forfeiture  of  office 
are  allowed  to  exercise  discretion  to  the  end  that  only 
actual  fraud  may  be  punished,  while  technical  and 
unintentional  violations  of  the  law  may  be  excused. 
When  an  election  has  been  declared  void,  a  new  election 
must  be  held.  Expenses  of  candidates  are  strictly 
limited  by  the  Ontario  law,  and  a  .-  mplete  accounting 
of  all  receipts  and  expenditures  is  required.  There 
is  no  mention  in  the  law  of  political  committees  or 
parties.  While  even  this  law  has  not  entirely  checked 
the  bribery  of  voters,  a  contest  is  inevitable  when 
money  has  been  used  in  close  elections. 

259.  Limitation  of  Expenditure.  —  Efforts  have  been 
made  in  several  of  the  States  to  limit  the  amount  of 
money  that  may  be  expended  in  elections  by  making 
the  sum  that  may  be  disbursed  by  or  on  behalf  of  a 
candidate  equivalent  to  a  certain   percentage  of  the 


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GOVERNMENT  BY  THE  PEOPLE 


salary  which  he  would  receive  if  elected.  The  California 
law  limits  such  expenses  to  five  per  cent  of  the  annual 
salary  attached  to  the  office  for  each  year  of  the  duration 
of  the  term.  Thus,  if  the  term  is  four  years,  the  total 
amount  that  may  be  spent  by  or  on  behalf  of  the  can- 
didate is  twenty  per  cent  of  one  year's  salary.  The 
accounting  must  be  complete  and  any  violation  of 
the  law  on  the  part  of  the  candidate  entails  forfeiture 
of  his  office. 


CHAPTER  IX 


SUPPLEMENTAL  SAFEGUARDS  AGAINST  FRAUD 

a6o.  General    Laws    Insufficient.  —  Practically    all 
the  general  laws  of  the  States  relating  to  elections  are 
alike  in  their  main  features  and  have  followed  or  are 
following  the  same  lines  of  evolution.    The  differences 
between  them  are  due  to  the  fact  that  some  States  have 
advanced  more  rapidly  than  others.    The  evils  to  be 
overcome  are  everywhere  the  same,  and  the  laws  en- 
acted to  overcome  them  bear  a  close  resemblance  to 
the  New  York  laws, —which   have   been   described 
in  detail,  —  with  some  minor  variations  growing  out 
of  the  special  needs  of  localities.    Nowhere,  however, 
have  these  general  laws  been  found  sufficient  to  put 
an  end  to  election  bribery  and  fraud,  and  some  of  the 
States  have  enacted  special  laws  to  supplement  them. 
These  supplemental  laws  are  still  largely  experimental 
and  they  represent  various  plans  of  dealing  with  the 
problem  to  be  solved. 

a6i.  Special  Act  for  New  York  City.  —  In  spite  of 
the  detailed  and  specific  provisions  of  the  New  York 

Election  Law  regarding  the  registration  and  identifica- 

163 


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164 


GOVERNMENT  BY  THE  PEOPLE 


tion  of  voters  and  the  penalties  imposed  for  their  viola- 
tion, it  was  found  necessary  to  pass  a  special  act  to 
comj)el  obedience  to  them  in  New  York  City.  The 
presence  in  the  city  of  a  large  foreign-bom  element 
and  the  continual  shifting  of  the  population,  render- 
ing identification  difficult,  encouraged  illegal  voting 
to  such  an  extent  that  the  State  decided  to  intervene. 
For  this  reason  the  Metropolitan  Elections  District 
Law  was  passed  in  1898.  It  creates  a  Metropolitan 
Elections  District  which  covers  the  four  counties  of 
New  York,  Kings,  Queens,  and  Richmond,  which  are 
wholly  included  in  the  city,  and  also  the  county  of 
Westchester,  which  adjoins  the  city  on  the  north. 
The  law  was  intended  to  apply  only  to  the  city,  but 
Westchester  county  was  included  so  as  to  make  the 
law  comply  with  the  requirements  of  the  Constitution 
of  the  State. 

263.  State  Superintendent  of  Elections.  — The  Gov- 
ernor is  required  to  appoint  a  State  Superintendent  of 
Elections,  whose  jurisdiction  extends  over  the  five 
counties  included  in  the  Metropolitan  Elections  Dis- 
trict. The  Superintendent,  who  must  be  a  resident  of 
the  District,  has  absolute  f)0wer  to  make  examinations  to 
ascertain  whether  the  Election  Law  is  being  violated  in 
any  respect,  and  the  St  le  Attorney-General  is  required 
to  prosecute  any  case  of  violation  that  he  may  discover, 


I    i. 

s 


SAFEGUARDS  AGAINST  FRAUD 


165 


thus  taking  both  the  examination  and  the  prosecution 
out  of  the  hands  of  the  local  authorities.  The  reason 
for  this  is  found  in  the  fact  that  the  public  officials 
in  the  city  are  usually  Democrats,  while  the  State 
government  is  usually  in  the  hands  of  the  Republicans. 

363.  Appointment  of  Deputies. — The  Superintend- 
ent, whose  term  is  four  years,  has  power  to  appoint 
a  Chief  Deputy  and  an  office  force.  He  may  also 
appoint  550  other  deputies,  of  whom  400  must  be 
appointed  from  lists  furnished  by  the  chairmen  of  the 
Republican  and  Democratic  party  committees.  Each 
chairman  is  allowed  to  name  200  deputies  who  are 
subject  to  examination  by  the  Superintendent,  and 
the  chairmen  may  fill  \acancies  in  their  respective 
party  lists.  The  Superintendent,  in  addition,  may 
appoint  150  deputies  of  his  own  choosing.  The  Super- 
intendent and  his  deputies  are  clothed  with  all  powers 
possessed  by  Sheriffs,  and  they  may  call  upon  any 
citizen,  policeman,  or  official  to  aid  them  in  the  per- 
formance of  their  duties.  Any  person  who  refuses 
assistance  is  guilty  of  a  felony,  punishable  by  a  term 
of  not  more  than  three  years  in  a  State  prison,  and  if 
he  is  a  public  official,  he  also  forfeits  his  office.     (§271.) 

264.  The  Lodging-house  Vote.  —  Many  illegal  votes 
were  cast  by  persons  claiming  a  voting  residence  in 
the  numerous  lodging-houses,  "Raines  Law  hotels," 


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and  saloons  of  the  city.  A  large  part  of  this  vote  was 
purchased  and  "colonized"  by  political  workers. 
One  of  the  chief  objects  of  the  supplemental  law  was 
to  put  an  end  to  these  frauds,  the  detection  of  which 
was  rendered  extremely  difficult  by  the  floating  char- 
acter of  the  lodging-house  population.  Large  num- 
bers of  residents  of  other  States,  especially  New  Jersey 
and  Pennsylvania,  were  brought  into  the  city  before 
election  day  and  sent  from  one  polling-place  to  an- 
other to  register,  ostensibly  from  lodging-houses,  imder 
fictitious  names  furnished  to  them  on  slips  of  paper. 
On  election  day  these  same  men,  or  others  hired  for 
the  purpose,  would  be  sent  to  vote  upon  the  fraudu- 
lently registered  names. 

365.  Card-catalogue  of  Voters.  — The  State  Super- 
intendent of  Elections  is  empowered  to  assign  his  dep- 
uties to  any  election  district  in  the  Metropolitan  Elec- 
tions District.  He  and  his  deputies  are  authorized  to 
investigate  all  questions  relating  to  the  registration 
of  voters.  The  election  officers  at  the  close  of  each 
registration  day  are  required  to  make  a  card-catalogue 
of  all  the  voters  who  have  registered,  copying  the  name 
and  address  of  each  voter  on  a  card  supplied  by  the 
Secretary  of  State.  These  cards  are  delivered  to  the 
police,  who  are  required  to  give  them  to  the  Super- 
intendent of  Elections.    The  cards  provide  a  complete 


.1' 


SAFEGUARDS  AGAINST  FRAUD 


167 


list  of  all  the  voters  participating  in  the  election.  They 
are  retained  from  year  to  year  and  they  enable  the 
Superintendent  of  Elections  to  check  off  the  names  of 
voters  who  have  changed  their  address  between  elec- 
tions and  also  the  names  of  new  voters.  His  attention 
is  thus  directed  to  anything  suspicious  in  the  registry 
Usts. 

a66.  Investigation  by  the  Superintendent.  —  In  veri- 
fying the  names  placed  on  the  books  of  registry,  to 
ascertain  whether  they  are  the  names  of  actual  voters, 
the  Superintendent  and  his  deputies  are  authorized 
to  visit  and  inspect  every  building,  dwelling,  lodging- 
house,  and  hotel,  and  to  question  the  inmates  as  to  the 
persons  who  reside  there.  They  may  inspect  the 
premises  and  any  books,  papers,  or  registers  that  they 
may  find,  and  any  person  who  refuses  or  neglects  to 
give  information  on  their  demand  is  guilty  of  a  mis- 
demeanor. 

267.  Examination  of  Witnesses.  —The  Superintend- 
ent and  his  deputies  may  serve  warrants  and  make 
arrests  without  warrants  when  an  offence  against  the 
election  laws  has  been  committed  in  their  presence. 
They  may  also  copy  all  books  and  records  relating  to 
the  registration  of  voters  or  to  the  election.  The  Super- 
intendent has  power  to  issue  subpoenas  to  compel  the 
attendance  of  any  person  at  his  office,  and  he  may 


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require  the  production  of  any  books  or  papers  named 
in  a  subpoena.  He  and  his  Chief  Deputy,  and  ten 
of  his  deputies  designated  by  him  for  the  purpose, 
may  administer  oaths  in  matters  pertaining  to  the 
elections.  Any  person  who  refuses  to  obey  a  subpoena 
or  to  testify  when  questioned  is  guilty  of  a  misdemeanor, 
and  any  person  who  makes  a  false  statement  is  guilty 
of  a  felony. 

268.  Powers  of  Deputies.  —  An  equal  number  of 
deputies  from  each  of  the  two  great  parties  must  be 
assigned  to  any  polling-place  to  which  deputies  are 
sent.  They  must  be  admitted  freely  at  any  time  to 
the  polling-place  and  allowed  to  enter  behind  the  guard- 
rail, where  they  may  make  any  examination  that  they 
deem  necessary.  If  they  find  any  person  attempting 
to  register  or  vote  illegally,  they  may  arrest  him  forth- 
with. It  is  a  part  of  their  duty  to  maintain  order. 
For  these  purposes  the  police  and  the  election  officers 
are  placed  at  their  disposal  and  must  follow  their  in- 
structions or  be  removed  from  office,  besides  being 
punished  as  for  a  misdemeanor. 

269.  Lodging-house  Lists.  —  In  order  that  the  Super- 
intendent and  his  deputies  may  know  who  is  legally 
entitled  to  vote  from  lodging-houses  and  hotels,  the 
proprietor  of  every  such  establishment  is  required,  on 
the  twenty-ninth  day  before  the  election,   to  make 


SAFEGUARDS  AGAINST  FRAUD 


169 


a  detailed  sworn  report  of  the  persons  who  claim  the 
establishment  as  a  voting  residence,  including  his 
lodgers,  employees,  and  the  members  of  his  family. 
This  statement  must  contain  a  description  of  the 
premises  used  for  hotel  or  lodging-house  purposes, 
a  full  personal  description  of  each  person  voting  from 
the  premises,  including  the  length  of  his  residence 
there,  the  room  he  occupies,  and  his  place  of  business, 
if  he  has  one.  This  description  is  designed  to  confim* 
the  registration  to  actual  lodgers  and  to  make  it  im- 
possible for  one  "floater"  to  register  a  fictitious  name 
for  another  "floater"  to  vote  upon.  Any  keeper  of 
a  lodging-house  or  a  hotel  who  refuses  to  furnish  lists 
of  the  inmates  of  his  establishment  is  guilty  of  a  mis- 
demeanor. As  the  law  requires  all  voters  to  be  resi- 
dents of  the  election  district  in  which  they  vote  for  one 
month  before  the  election,  the  lists  taken  twenty-nine 
days  before  the  election  should  include  all  voters  from 
hotels  and  lodging-houses.  After  the  registration  has 
been  completed  the  Superintendent  and  his  deputies 
compare  the  names  of  voters  who  have  registered  from 
hotels  and  lodging-houses  with  the  lists  furnished  by 
the  proprietors  to  ascertain  whether  there  is  any  dis- 
crepancy. They  may  investigate,  make  examinations 
under  oath,  arrest,  and  prosecute  any  person  who  has 
registered  fraudulently.    If  they  are  unable  to  find 


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GOVERNMENT  BY  THE  PEOPLE 


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him,  they  may  require  the  election  officials  to  challenge 
any  person  who  offers  to  vote  on  the  suspected  name. 

270.  Saloon  Lists.  —  When  required  to  do  so  by 
the  Superintendent  of  Elections,  every  holder  of  a 
Liquor  Tax  certificate  must  furnish  him  with  a  sworn 
statement  similar  to  that  furnished  by  hotel  and  lodging- 
house  keepers.  The  holder  of  a  Liquor  Tax  certificate 
who  makes  a  false  statement  may  be  punished  for 
perjury  and  in  addition  the  certificate,  which  is  his 
license  to  sell  liquor,  is  cancelled  and  he  is  debarred 
from  obtaining  another  within  five  years  after  his 
conviction. 

371.  Tenns  of  Deputies.  —The  State  spends  about 
$200,000  a  year  to  maintain  the  Superintendent  and 
his  force.  The  Superintendent  is  permitted  to  retain 
permanently  one  hundred  deputies  at  a  yearly  salary. 
The  other  deputies,  who  receive  five  dollars  a  day, 
may  be  employed  for  only  forty  days  for  each  election 
unless  they  are  longer  retained  as  witnesses  in  prosecu- 
tions. The  Superintendent  may  make  rules  for  the 
guidance  of  his  deputies  and  remove  any  of  them  at 
his  pleasure.     (§  263.) 

273.  Operation  of  the  Law. —  It  is  impossible  for 
the  Superintendent,  with  his  force  of  550  deputies,  to 
cover  all  the  election  districts  in  a  city  of  4,000,000 
inhabitants.    In    practice    he    actually    covers    com- 


SAFEGUARDS  AGAINST  FRAUD 


171 


paratively  few  districts;  but  the  fact  that  his  work  is 
done  in  secret  so  that  dishonest  politicians  dn  not 
know  where  he  is  preparing  to  strike  until  warrants 
are  issued  and  arrests  made  has  a  deterrent  effect 
upon  repeating  and  fraud.  It  is  a  species  of  intimida- 
tion of  illegal  voters.  The  office  has  been  the  means 
of  exposing  some  elaborate  plots  for  the  colonization 
of  districts  with  "flowers"  and  the  organization  of 
gangs  of  "repeaters."  It  has  also  caused  the  cancella- 
tion of  many  forged  or  fraudulent  certificates  of  naturali- 
zation. The  office  is  especially  adapted  to  conditions 
in  New  York  City,  and  the  plan  of  maintaining  an  in- 
dependent agency  outside  the  regular  machinery  of 
the  election  for  the  enforcement  of  the  law  has  not  been 
extended  to  other  cities  in  the  State  nor  has  it  been 
adopted  in  other  States  on  anything  like  so  elaborate 
a  scale. 

273.  The  Massachusetts  Plan.  — Massachusetts  has 
a  different  plan  for  providing  State  protection  against 
local  fraud.  On  the  petition  of  ten  qualified  voters 
of  a  city  or  town  the  Governor  is  required  to  appoint 
two  supervisors  of  registration  for  each  place  of  registra- 
tion in  the  city  or  town  from  which  the  petition  comes. 
These  supervisors  are  directed  to  attend  every  meeting 
of  the  boards  of  registry,  and  they  may  attach  to  the 
registration  list  any  statement  they  desire   to   make 


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GOVERNMENT  BY  THE  PEOPLE 


relating  to  the  truth  of  the  registry  or  the  fairness  of 
the  proceedings.  Upon  a  similar  petition  from  any 
town  or  ward  of  a  city,  the  Governor  must  ap^-oint 
supervisors  of  election  to  attend  at  the  polls  on  election 
day,  challenge  voters,  and  witness  all  that  is  done. 
The  two  leading  political  parties  must  be  equally  rep- 
resented in  the  appointment  of  these  supervisors  of 
registration  and  election,  whose  functions  resemble 
those  of  watchers  on  behalf  of  the  State. 


I 


w 


CHAPTER  X 

EXPERIMENT  AND   REFORM 

274.  Changes  in  the  Election  Laws. — Changes  are 
constantly  being  made  in  the  election  laws  of  the 
various  States.  They  represent  the  continual  struggle 
between  the  laws  and  politicians  who  seek  to  gain  an 
unfair  advantage  by  violating  or  evading  them.  Most 
of  the  evils  incident  to  elections  are  traceable  to  party 
prejudice  which  prevents  the  formation  of  a  healthy 
public  opinion,  to  the  average  voter's  ignorance  of  his 
rights  and  duties,  and  to  the  indifference  of  a  large 
class  of  voters.  Various  expedients  have  been  tried 
to  induce  the  voters  to  interest  themselves  in  the  elec- 
tions, but  none  has  met  with  marked  success.  Large 
sums  are  spent  legitimately  at  every  election  for  the 
sole  purpose  of  persuading  voters  to  perform  their 
duties  as  citizens.  Hundreds  of  thousands  of  postal 
cards  and  circulars  are  mailed  to  them  to  remind  them 
to  register,  and  an  army  of  men  is  employed  to  induce 
them  to  go  to  the  polls  and  vote. 

27s.  Exemption  from  Jury  Duty.  —The  New  York 
law  seeks  to  place  a  premium  upon  voting  by  provid- 
ers 


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GOVERNMENT  BY  THE  PEOPLE 


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ing  that  jury  duty  shall  be  exacted  tirst  from  citizens 
whose  names  do  not  appear  upon  the  voting  lists  as 
having  voted  in  the  last  preceding  election.  The 
theory  of  this  law  is  that  men  who  have  shown  them- 
selves careless  of  their  duties  and  privileges  as  voters 
will  go  to  the  polls  so  that  they  may  escape  jury  duty. 
The  soundness  of  the  supposition  that  indifferent 
citizens  will  make  good  jurors  has  been  questioned. 
(§  67.) 

276.  Woman  Suffrage.  —  It  has  been  earnestly 
contended  for  many  years  that  |X)litics  would  be  lifted 
to  a  higher  plane  and  that  better  men  would  be  elected 
to  office  if  women  had  the  right  to  vote  on  equal  terms 
with  men.  While  good  results  have  followed  the 
general  admission  of  women  to  participation  in  elec- 
tions to  choose  school  officers,  the  experience  of  the 
Western  States  in  which  women  are  permitted  to  vote 
in  all  elections  has  not  borne  out  the  predictions  of 
the  advocates  of  the  change.  Some  of  the  worst 
election  frauds  ever  perpetrated  in  this  country  marked 
the  Colorado  election  of  1904.  The  character  and 
average  intelligence  of  the  voting  population,  as  a  whole, 
have  not  improved  in  the  States  where  women  vote. 
T't  'e  has  been  no  improvement  in  the  fitness  or 
capacity  of  the  elected  public  officials.  The  political 
Machines  are  as  strong  as  ever,  if  not  actually  stronger. 


EXPERIMENT  AND  REFORM 
377.  Direct  Nominations.  —The  direct 


175 


nomination 

of  candidates  for  office  by  the  voters  at  the  Primaries 
is  strongly  advocated  as  a  method  of  insuring  the  free 
expression  of  the  will  of  the  people.     Good  results 
have  followed  the  adoption  of  the  plan  in  Minnesota, 
Wisconsin,  New  Jersey,  and  in  those  portions  of  Massa- 
chusetts and  Pennsylvania  where  it  has  been  tried. 
The  plan  tends  to  interest  the  voters,  since  it  gives  them 
a  chance  to  assert  themselves  and  to   "smash   the 
Machines"   when   they  desire   the   election  of  some 
popular  candidate  or  the  adoption  of  some   policy 
opposed  by  the  "bosses."    Moreover,  it  exerts  a  re- 
straining influence  upon  the  Machines  and  tends  to 
improve   the  character  of  the  regular  nominations 
(§§  136-138.) 

278.  Examination  of  Election  Officers.  —The  selec- 
tion of  election  inspectors,  ballot-clerks,  and  poll-clerks 
by  competitive  CivU  Service  examination  as  to  their 
fitness  to  hold  such  positions  has  been  urged  in  place 
of  the  present  method  of  leaving  the  choice  of  these 
important  officers  to  the  two  great  party  Machines 
as  represented  in  their  local  organizations.  As  a  rule 
they  are  now  party  workers  who  are  selected  mainly 
because  they  desire  to  earn  the  money  that  is  paid  for 
their  services.  They  are  often  deficient  in  honesty 
and  knowledge  of  the  laws  governing  the  elections, 


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176 


GOVERNMENT  BY  THE  PEOPLE 


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and  their  returns  of  the  votes  cast  are  frec|uently  er- 
roneous, either  throu^^h  stupidity  or  intentional  fraud. 
It  has  been  projxjsed  to  create  through  competitive 
examination  a  jx-rmanent  body  of  intelligent  ofiicials 
to  take  charge  of  the  i)olling-places  and  to  count  the 
votes.  The  chief  objection  to  this  change  is  that  i: 
might  destroy  the  bi-partisan  character  of  the  election 
boards,  the  theory  of  which  is  that  the  accredited  an  i 
trusted  representatives  of  each  of  the  two  great  partu? 
shall  always  be  in  a  jxisitioii  to  watch  each  other  an ; 
thus  prevent  cheating.  The  Constitution  of  Ni  v 
York,  for  example,  directs  equal  representation  of 
the  two  leading  parties  in  the  selection  of  election 
.-.fiicers.     (§303.) 

379.  Voting  Machines.  —  Another  means  of  insur- 
ing fairness  in  the  casting  and  counting  of  the  vote 
and  of  avoiding  errors  due  to  ignorance  is  put  forwar: 
in  the  automatic  method  of  voting  provided  by  votinj 
machines.  These  are  ingenious  mechanical  cont fi- 
ances which  enable  the  voter  to  record  his  choice  1 
pushing  a  knob  bearing  the  name  of  the  Candida:. 
or  party  ticket  for  which  he  desires  to  vote,  which  '^ 
equivalent  to  marking  his  ballot,  and  pulling  dov- 
a  lever,  which  is  equivalent  to  placing  his  ballot  in  the 
box.  The  machines  afford  nearly  all  the  latitude  in 
voting  that  is  possible  where  the  blanket  ballot  is  usei. 


J*  I 


EXPERIMENT  AND  REFORM 


177 


i 


Their  especial  advantage  lies  in  the  fact  that  they  insure 
absolute  secrecy ;  there  can  be  no  dispute  as  to  whether 
any  vote  cast  shall  be  counted  or  rejected;  and  the 
total  vote  for  each  candidate  is  recorded  mechanicallv, 
so  that  the  re>ult  of  the  election  i>  u.sually  known  within 
an  hour  afttr  ihe  dosing  of  the  yolh,  even  in  a>  lur^e 
a  city  as  Buffalo,  where  the  machines  ha\e  been  in 
use  for  se%-eral  }'ears. 

280.  Enforcement  of  Law  by  Volunteers.  —  An 
interesting  experiment  is  being  tried  in  New  York 
State  through  the  acti\ity  of  a  volunteer  body  of  citizens 
who  are  attempting  10  compel  the  enforcement  of  the 
election  laws  and  especially  the  laws  forbidding  the 
corrupt  use  of  money  in  elections.  This  organization 
has  assumed  the  title  of  the  Association  to  Pre\ent 
Corrupt  Practices  at  Elecrir.n-.  It  recognizes  the  fact 
that  public  officials  sekut*  '  by  "oliiical  Machines 
are  as  reluctant  to  enforce  itcii 
are  to  enforce  the  laws  reformir. 
The  Association  bear^  the  sam 
forcement  of  the  election  iaw^  •. 
Service  Reform  Association  bear 
of  the  Ci\-il  Sen'ice  reform  la^v:^. 
influential  men  without  regard 
f§  227.) 

381.  Machine   Anti-bribery   AgreemesiU 


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the  Cj\''    Service. 

ion     J     he  en- 

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GOVERNMENT  BY  THE  PEOPLE 


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tion  in  elections  is  also  being  attacked  here  and  there 
by  the  Machines  themselves,  to  which  the  continual 
purchase  of  large  bodies  of  voters  has  become  an  in- 
tolerable burden.  The  chairmen  of  the  Republican 
and  the  Democratic  County  Committees  of  Chemung 
County,  New  York,  in  1905  drew  up  and  signed  a 
formal  agreement  to  limit  their  election  expenses  to 
$40  for  each  election  district,  to  refrain  from  purchasing 
votes,  to  unite  in  prosecuting  election  frauds,  and  to 
pay  a  reward  of  $100  for  the  conviction  of  any  person 
violating  the  election  laws.  Similar  agreements  have 
since  been  made  in  other  counties  and  in  localities 
in  other  States.    (§231.) 

a8a.  Minority  Representation.  —There  has  always 
been  a  feeling  that  the  principle  of  majority  rule  is 
unjust,  in  that  it  necessarily  leaves  the  minority,  no 
matter  how  large  it  may  be,  without  representation  in 
the  government.  Various  plans  of  minority  representa- 
tion have  been  suggested.  The  simplest  plan  is  appli- 
cable only  to  the  election  of  administrative  or  legislatix  c 
bodies,  the  functions  of  whose  members  are  identical. 
If  three  members  of  the  legislature  or  school  com- 
missioners are  to  be  elected  in  one  District,  for  example, 
the  law  may  permit  a  voter  to  vote  for  only  two  of  them. 
This  enables  the  majority  to  elect  two  of  its  candidates 
and  the  minority  to  elect  one. 


EXPERLMENT  AND  REFORM 


J  79 


llli 


383.  The  Illinois  Plan.  —  Illinois  for  many  years 
has  provided  for  minority  representation  in  the  lower 
branch  of  its  Legislature.  The  Illinois  Constitution 
embodies  the  plan  as  follows:  — 

"The   House  of    Representatives   shall   consist  of 
three  times  the  number  of  the  members  of  the  Senate, 
and  the  term  of  office  shall  be   two  years.     Ihn  ? 
representatives  shall  be    elected    m   each    senatorial 
district  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  seventy-two,  and  every  two  years  there- 
after.   In   all   elections   of  representatives   aforesaid, 
each  qualified  voter  may  cast  as  many  votes  for  one 
candidate  as  there  are  representatives  to  be  elected, 
or  may  distribute  the  same,  or  equal  parts  thereof, 
among  the  candidates,  as  he  shall  see  fit;    and  the 
candidates  highest  in  votes  shall  be  declared  elected." 
384.  Cumulative    Voting. —The    Illinois    plan    in- 
volves "cumulative  voting."    That  is  to  say,  where 
three  candidates  are  to  be  chosen  from  the  same  Dis- 
trict, each  voter  in  the  District  is  allowed  to  cast  three 
votes.    He  may  give  one  vote  to  each  of  the  three 
candidates,  or  he  may  combine  or  "cumulate"  them 
and  give  all  three  to  the  same  candidate.     By  this 
method  the  majority  may  elect  two  of  the  three  candi- 
dates and  the  minority  one.    Other  and  more  com- 
:>licated  schemes  of  proportional  representation  have 


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GOVERNMENT  BY  THE  PEOPLE 


been  devised,  but  the  theory  of  majority  rule  and  party 
responsibility  is  so  firmly  embedded  in  the  American 
system  of  government  that  no  plan  admitting  the  mi- 
nority to  a  share  in  making  or  administering  the  laws 
has  met  with  general  approval. 

285.  The  Initiative  and  Referendum.  —  Direct  legis- 
lation by  the  voters  through  the  medium  of  the  ini- 
tiative and  the  referendum  has  been  advocated  as  a 
means  of  giving  the  people  what  they  want  and  break- 
ing the  power  of  the  Machines  and  the  "bosses"  over 
legislation.  The  initiative  gives  a  certain  stated  num- 
ber of  voters  the  right  to  "initiate,"  or  propose,  legisla- 
tion. The  enactment  of  the  measures  proposed  may 
be  left  to  the  ordinary  lawmaking  bodies  or  it  may  be 
submitted  to  the  decision  of  the  voters  in  the  form  of 
a  "referendum"  to  become  a  law  on  their  approval. 
There  has  recently  been  much  agitation,  especially 
in  the  West  and  South,  for  the  adoption  of  the  ini- 
tiative and  referendum  in  lawmaking.  Oregon,  South 
Dakota,  Nevada,  and  Oklahoma  have  adopted  the  plan, 
and  it  has  been  employed  rather  extensively  in  Oregon. 
Its  adoption  is  being  urged  in  many  other  States. 

The  Constitution  of  Oregon  provides  that  the  legisla- 
tive power  shall  be  vested  in  a  legislative  assembly 
consisting  of  a  Senate  and  a  House,  but  it  specifically 
reserves  to  the  people  "power  to  propose  laws  and 


0) 


;"^( 


EXPERIMENT  AND  REFORM 


i8i 


amendments  to  the  Constitution  and  to  enact  or  reject 
the  same  at  the  polls,  independent  of  the  legislative 
assembly,"  and  also  "power  at  their  own  option  to 
approve  or  reject  at  the  polls  any  act  of  the  legislative 
assembly."    Legal  voters  equal  in  number  to  eight 
per  cent  of  the  total  vote   cast   for  Justice  of   the 
Supreme  Court  at  the  election  next  preceding  may 
initiate,  or  propose,  a  law.    Their  petition  must  con- 
tain the  full  text  of  the  measure  proposed  and  must 
be  filed  with  the  Secretary  of  State  at  least  four  months 
before  the  election  at  which  it  is  to  be  voted  upon. 
This   election   must   be   a   regular   biennial   election. 
The  reference  to  the  people  of  acts  of  the  legislature, 
or  the  referendum,  may  be  ordered  by  the  legislature 
itself  or  by  a  number  of  voters  equal  to  five  per  cent 
of  the  total  vote  cast  for  Justice  of  the  Supreme  Court 
at  the  last  preceding  election,  and  it  may  be  ordered 
in  regard  to  any  act  excepting  acts  necessary  to  the 
immediate  preservation  of  the  public  peace,  health, 
or  safety.    Referendum  petitions  must  be  filed  with 
the  Secretary  of  State  within  ninety  days  after  the 
final   adjournment   of   the    legislature    which    passed 
the  act  to  which  the  petition  relates,  and  the  veto  power 
of  the  Governor  does  not  extend  to  acts  referred  to 
the  people.    Acts  referred  to  the  people  must  be  voted 
on  at  a  regular  election  unless  the  legislature  orders 


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GOVERNMENT  BY  THE  PEOPLE 


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a  special  election,  and  they  take  effect  as  laws  when 
they  have  been  approved  by  a  majority  of  the  votes 
cast  upon  them.  The  referendum  may  be  demanded 
against  any  item,  section,  or  part  of  a  legislative  act. 
Initiative  or  referendum  powers  may  be  exercised 
upon  local,  special,  or  municipal  legislation  by  the 
voters  of  the  district  or  districts  to  which  such  legisla- 
tion relates.  The  initiative  and  referendum  provisions 
of  the  Oregon  Constitution  apply  also  to  Constitutional 
amendments. 

In  South  Dakota  the  initiative  or  referendum  may 
be  set  in  motion  by  the  petition  of  five  per  cent  of 
the  voters.  In  Utah  acts  passed  by  a  two-thirds  vote 
in  each  branch  of  the  legislature  are  not  subject  to 
the  referendum.  The  number  of  voters  required  to 
set  the  initiative  or  referendum  in  motion  is  left  to  the 
legislature  and  any  law  or  ordinance  passed  by  tlie 
legislative  body  of  any  subdivision  of  the  State  is  subject 
to  the  referendum.  In  Oklahoma  a  number  of  voters 
equal  to  eight  per  cent  of  the  vote  cast  for  the  State 
officer  receiving  the  highest  vote  in  the  last  general 
election  may  initiate  a  law  and  fifteen  per  cent  an 
amendment  to  the  Constitution.  The  referendum  is 
ordered  by  five  per  cent  of  the  voters  and  may  be 
exercised  regarding  any  item,  section,  or  part  of  an  act. 
The  initiative  or  referendum  may  be  set  in  motion  in 


EXPERIMENT  AND  REFORM 


183 


every  county  or  district  within  a  county  as  to  local 
legislation  within  such  counties  or  districts,  •— the 
initiative  by  sixteen  per  cent  of  the  voters,  and  the 
referendum  by  ten  per  cent.  Any  measure  which 
has  been  submitted  to  the  people  through  the  initiative 
or  referendum  cannot  again  be  submitted  by  the  ini- 
tiative within  three  years  thereafter  unless  by  petition 
of  twenty-five  per  cent  of  the  voters. 

286.  Frequent  Use  of  the  Referendum.— The  ref- 
erendum has  always  been  recognized  in  the  American 
form  of  government.    The  Federal  Constitution  was 
referred  to  the  States  for  their  acceptance,  and  the 
approval  of  three-fourths  of  all  the  States  is  required 
for  the  adoption  of  amendments  to  it.    Nearly  all  the 
State  Constitutions  were  submitted  to  a  vote  of  the 
people  and  usually  no  amendment  can  be  made  until 
it  has  been  approved  by  the  legislature  and  afterward 
by  the  voters  in  a  general  election.     Proposals  to  borrow 
money  on  the  credit  of  the  State,  as  a  rule,  must  also 
be  approved  by  the  people.    The  referendum  is  some- 
times pronded  for  in  the  operation  of  general  State 
laws,  such  as  the  laws  governing  the  sale  of  liquor. 
In  New  York  and  many  other  States,  localities  are 
permitted  to  exercise  the  right  of  "local  option"  as 
to  whether  liquor  shall  be  sold.    The  voters  of  a  town 
or  other  political  division  are  allowed  to  vote  on  the 


I 


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GOVERNMENT  BY  THE  PEOPLE 


m 


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question  and  their  decision  is  controlling.    Sometimes 
the  legislature    provides  for  a  referendum  of    local 
measures  affecting  localities.    The  law  creating  Greater 
New  York  became  effective  only  after  it  had  been 
approved  by  a  majority  of  the  voters  in  the  territory 
affected  by  it.    The  experience  of  New  York  and  most 
other  States  indicates  that  the  voters  are  not  eager 
for  the  referendum  unless  it  gives  them  an  opportunity 
to  express  their  opinion  upon  some  measure  of  unusual 
public  interest.     In  New  York  an  amendment  to  the 
Constitution,  before  it  can  become  effective,  must  be 
approved   by  two  different   legislatures  and  adopted 
by  a  majority  of  the  voters  who  vote  upon  it.    In 
practice,    proposed   amendments   to   the  Constitution 
are    adopted    by  the   legislature   with   comparativclv 
little  consideration,  because  the  members  know  that 
the  ultimate  responsibility  for  them  will  rest  with  the 
people.      Hanng    passed    one    legislature,    the    next 
legislature  usually  passes  them  again  as  a  matter  oi 
course.    They  are  then  submitted  to  the  voters,  and  in 
the  majority  of  cases  many  of  the  voters  pay  little  or 
no  attention  to  them,  failing  to  vote  upon  them  at  all. 
Of  those  who  do   vote  many  are  influenced  to  xoic 
for  them  by  the  fact  that  they  have  already  received 
the    approval   of    two    legislatures.    The   legislature 
shifts  the  responsibiliiy  to  the  people  and  the  people 


A\ 


EXPERIMENT  AND  REFORM  185 

shift  it  back  again  to  the  legislature.  The  failure  of 
the  mass  of  the  voters  to  express  their  opinion  on 
proposed  amendments  to  the  Constitution  has  become 
so  marked  in  New  York  that  a  movement  has  been 
begun  to  change  the  method  of  amendment  by  pro;id- 
ing  that  an  amendment  shall  be  deemed  to  ha^•e  failed 
unless  the  total  vote  for  and  igainst  it  shall  reach  a 
certain  proportion  of  the  total  vote  cast  for  memU^rs 
of  the  lower  branch  of  the  legislature  in  the  election 
m  which  the  amendment?  were  submitted. 

287.  The  Right  of  Petition.  -  An  approach  to  the 
initiative  in  general  American  practice  is  found  in  the 
right  of  petition  which  is  recognized  and  established 
by  the  national  and  State  Constitutions.  This  right 
is  freely  used,  but  it  has  no  binding  force  upon  law- 
makers. 

^88.  The  RecaU.-One  of  the  most  recem  in- 
novations to  find  advocates  is  the  ^- recall.'*  This 
permits  the  voters  to  cancel  the  election  of  an  oiTiciaJ 
whose  acts  they  do  not  appro^•e.  It  lias  Wn  adopted 
in  the  cities  of  Los  Angeles  and  Seattle. 


1( 

1    1 


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f  -I 


CHAPTER  XI 

PARTIES  AND  THEIR  ORGANIZATION 

aSg.  Origin  of  Parties.  — The  political  party  i> 
composed  fundamentally  of  voters  who  hold  the  same 
opinions  regarding  broad  general  principles  of  govern- 
ment. Members  of  one  party  may  transfer  their  alle- 
giance to  another,  and  the  followers  of  existing  partie? 
may  unite  to  form  a  new  party  on  special  issues,  such 
as  the  abolition  of  slavery  or  the  suppression  of  ir.e 
liquor  traffic.     (§§  2,  9.) 

290.  Republicans  and  Democrats.  — The  two  grea: 
parties  in  the  United  States  are  the  Republican  pary 
and  the  Democratic  party.  Broadly  speaking,  the 
Democratic  party  is  composed  of  men  who  uphold  the 
principle  that  the  less  the  people  are  governed  the 
better  off  they  are.  Democrats  believe  that  the  ni- 
tional  government  should  be  limited  in  its  functions 
to  a  "strict  construction"  of  the  Federal  Constitution, 
and  that  it  should  interfere  as  little  as  possible  with 
the  freedom  of  the  States  to  manage  their  own  affaiiN 

186 


i>i 


P.\RTIES  AND  THEIR  ORGANIZATION        187 


They  hold  that  State  governments  should  give  the 
largest  possible  measure  of  "home  rule"  to  their  cities 
and  other  political  subdinsions,  and  that  they  should 
restrict  indi\-idual  liberty  of  action  only  when  restric- 
tion is  necessar}-to  protect  the  liberty  of  other  individuals. 
The  Republican  party  believes  in  a  strong  national 
government,  with  power  to  protect  American  labor 
and  manufactures  by  the  taxation  of  foreign  products, 
to  execute  internal  improvements,  and  to  regulate 
commerce  between  the  States.  It  upholds  the  principle 
that  the  central  government  should  make  laws  of 
uniform  application  to  the  whole  United  States 
regarding  subjects  of  general  importance,  so  far  as 
the  Constitution  will  permit.  To  accomplish  these 
purposes  it  believes  in  a  "free  construction"'  of 
the  powers  granted  to  the  Federal  government  by 
the  Constitution. 

291.  Jefferson  and  Hamilton.  —  The  Democratic 
pany  has  existed  since  the  beginning  of  the  govern- 
ment. Its  founder  was  Thomas  Jefferson,  and  it  was 
kno^^•n  originally  as  the  Democratic-Republican  partv. 
The  Republican  party  acknowledges  Alexander 
Hamilton  as  its  founder,  although  his  followers  when 
the  Constitution  was  adopted  were  known  as  Federal- 
ists. The  Federalist  nanv  as  an  orfaniza'ion  wnpt 
out  of  existence  early  in  the  last  centurv.     It   was 


V 


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GOVERNMENT  BY  THE  PEOPLE 


M  '    I 


succeeded  by  the  National  Republican  party  and  the 
Whig  party,  and  its  adherents  finally  coalesced  with 
other  minor  party  organizations  in  1856  and  i860  on 
the  anti-slavery  issue,  taking  the  name  which  the  pariv 
now  bears.  In  the  early  days  of  the  Republic  [he 
Federalist  party  was  predominant.  It  soon  gave  way 
to  the  Democratic  party,  which  held  the  government 
until  the  Republicans  elected  Abraham  Lincoln  Presi- 
dent in  i860.  The  Republicans  have  remained  in 
power  since  then,  excepting  when  the  Democrats 
elected  Grover  Cleveland  President  in  1884  and  again 
in  1892  on  the  tariff  issue. 

292.  Minor  Parties.  — Many  minor  national  parties 
have  been  formed  from  time  to  time,  usually  for  tb.e 
purpose  of  advocating  one  idea  rather  than  general 
principles,  such  as  those  upon  which  the  Democratic 
and  the  Republican  parties  are  based. 

293.  The  Prohibition  Party.  —The  Prohibition  party 
is  the  oldest  of  the  minor  parties  now  in  existence.  It 
was  founded  in  1872,  mainly  to  bring  about  the  sup- 
pression of  the  manufacture  and  sale  of  liquor  in  the 
United  States.     It  cast  5608  votes  out  of  a  total  of 

the  National  election  of  1872. 


165 


iQc: 


it  cast  258,536  votes  out  of  a  total  vote  of  13,528,979. 
(Appendix  II.) 
294.  The    Socialist-Labor    Party. —The    Socialist- 


PARTIES  AND  THEIR  ORGANIZATION        189 

Labor  party  held  its  first  national  convention  in  1S92. 
It  advocated  public  ownership  of  raihvay>,  telegraph 
lines,  and  similar  public  utilities,  universal  suffrage, 
the  abolition  of  the  Presidency,  Vice-Presidenc  v,  and 
the  Senate,  and  the  substitution  of  government  'bv  an 
"Executive  Board"  elected  by  the  Hou.c-  of  Repre- 
sentatives.    (Appendix  II.) 

295.  The  Socialist  Party. -The  Socialist  party  was 
formed  in  1904  from  a  faction  of  the  Socia]ist-Lalx>r 
party,  and  it  advocates  substantially  the  same  ideas. 
(Appendix  II.) 

296.  The  People's  Party. -The  People's  partv, 
commonly  known  as  the  Populist  party,  was  foundc'd 
in  1892  to  advocate  the  free  coinage  of  sU;er,  an  increase 
in  the  amount  of  money  in  circulation,  and  the  na- 
tional ownership  of  railways,  telephone,  and  telegraph 
lines.     (Appendix  II.) 

297.  Party  Organization.  -  Political  panics,  when 
thoroughly  organized  like  the  Democratic  and  the 
Republican  panics,  are  represented  by  panv  com- 
mittees in  ever}-  Stale  and  in  every  ix)litical  subdiN-ision 
of  each  State.  These  committees  constitute  the  partv 
Machine,  which  is  organized  under  rules  adopted  in 
conformity  with  the  customs  of  the-  party. 

2Q8.   Committees  and  Conventions.  -  Pany  author- 
ity is  vested   in   conventions   composed   of  delegates 


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GOVERNMENT  BY  THE  PEOPLE 


chosen  indirectly  by  the  party  voters.  The  national 
and  Stale  party  committees  are  ap[X)inted  to  cxcrciM' 
powers  conferred  upon  them  by  the  national  and 
State  conventions  while  the  conventions  are  not  in  ses- 
sion. Supreme  authority  to  formulate  and  proclaim 
party  doctrines  is  confined  to  national  convention?. 
These  conventions  also  constitute  the  court  of  last 
resort  in  disputed  questions  of  party  "regularity." 
They  are  composed  of  delegates  chosen  by  the  pany 
voters  of  each  State  under  a  uniform  rule  of  represen- 
tation. When  there  is  a  division  in  the  party  organiza- 
tion in  a  State,  each  faction  sends  delegates  to  the 
national  convention.  The  decision  of  the  convention 
admitting  the  delegates  representing  one  faction  or  the 
other  settles  which  faction  is  "regular"  and  eniitlcJ 
to  the  sympathy  and  support  of  the  adherents  of  the 
party.     (§  122.) 

209.  The  National  Committee.  —  While  the  national 
convention  is  in  session,  the  delegates  from  each  Stv.:e 
choose  one  of  their  number  to  represent  the  Slate  in  the 
National  Committee  of  the  party.  This  committee  i? 
chiefly  concerned  with  the  national  party  organization. 
and  it  rarely  seeks  to  interfere  with  the  organization  c: 
the  party  in  any  State.  In  politics  the  States  en'oy 
a  much  larger  share  of  autonomy  than  they  possess 
in  the  general  government. 


PARTIES  AND  THEIR  ORGANIZATION        191 

300.   Stftte  Conunitteet.  —  State  Committees  are  the 
supreme  party  authority  w-ithin  the  States  when  State 
conventions  are  not  in  session.    They  are  com[X)sed  of 
members  who  are  chosen  by  the  delegates  to  Slate  con 
vcntions  under  the  rules  of  the  party.     Each  mcmlxr 
of  the  State  Committee  may  represent  a  Congress) 
District,  or  a  Senatorial  District,  or  a  countv,  as  the  j 
in  the  State  may  prescribe.    There  is  no  unifor 
among  the  various  State  organizations  of  the  same  ;  =.■ 
nor  among  the  various  local  party  organizations  of 
same  State.     In  New  York  State  the  members  0*      x 
''vepublican  State  Committee  are  chosen  by  Cont,rt-.- 
sional  Districts,  while  ih     -^-mbers  of  the  Den,*>^  ra'ic 
State  Committee  are  elecu  Senatorial  Di^  ■   -ts 

Although  th(  population  of  Congressional  Di---  -.  i, 
required  by  law  to  be  as  nearly  uniform  a-  .ibl- 
the  party  vote  varies  widely  in  the  several  Distr .  >,  ano 
the  same  is  true  of  the  Senatorial  Districts.  'Hit-  rep 
resentation  in  the  State  Comr  itiees  therefore  is  bay,-: 
on  population  rather  than  pro  ^onioned  to  the  numerical 
strength  of  the  pany  voters  in  different  parts  of  the  Stale 
as  is  usually  the  case  wiih  the  represeniaiion  in  pany 
conventions. 

301.  County  Committees.  —  Next  to  the  Slate  Com 
Eittees  IE  part}  imporitiiice  are  ihe  Couniv  Luriiniiiiees 
made  up  of  delegates  chosen  by  districts.    'J'hebe  dele- 


.  ij 


193 


GOVERNMENT  BY  THE  PEOPLE 


gates  arc  apportioned  in  accordance  with  the  number 
of  votes  cast  in  ca«  h  district  for  the  party  candidate  for 
Governor  in  the  last  preceding  State  election.  Couniv 
Committees  are  so  large  in  counties  containing  a  larm' 
jopulation  that  their  authority  i>  usually  delegatni 
to  an  Executive  or  Central  Committee  composed  of  one 
delegate  from  each  district  specified  by  the  rules  of  the 
party.  These  rules  need  not  be  uniform  as  between  the 
counties.  Sometimes  the  members  of  the  Executive 
Committee  are  chosen  by  towr  =,  sometimes  by  ward?, 
and  sometimes  bv  Assembly  E    tricts. 

30a.  Basis  of  the  Machine.  — There  are  also  party 
organizations  in  each  of  the  districts  from  which  mem- 
bers of  the  County  Committees  are  chosen,  and,  tinallv. 
each  election  district  or  voting  precinct  has  its  Machine. 
These  election  district  Machines  are  the  smallest  unit? 
of  organization  and  they  form  the  basis  of  the  national 
party  structure. 

303.  Parties  recognized  by  Law.  —  Parties  are  not 
only  inseparable  from  a  government  by  the  people, 
but  they  are  essential  to  it,  and  wherever  there  are 
parties  there  are  certain  to  be  party  organizations,  or 
Machines.  This  fact  is  so  well  established  that  par.y 
organization  is  recognized  and  to  some  extent  regu- 
lated by  State  laws  and  sometimes  even  by  State  Con- 
stitutions.   The  Constitution  of  Nt.v  York  State,  in 


■u 


PARTIES  AND  THEIR  ORG.\XIZATIOX        193 

Section  ^  of  Ani.K-  II,  rt-lating  to  elections  makes  the 
following  pro\i>ion  regarding  election  boards:  — 

"All  lan>  cnaiini:.  nu'ulaiini:.  or  aiTectinir  fxjard^  of 
olTjccrs  charged  \\\\]\  uw  (iuty  of  rcgi-terin  :  \oier-.  or 
of  distributing  balloi>  at  the  j^>ll»  to  voter,-,  or  of  re- 
ccinng,  recording,  or  couniin::  \ote-.  at  ekction-,  ^hall 
secure  equal  njCf-eniaiion  of  the  two  jK^iiii.al  parties 
which,  at  tiu'  gcLiral  election  next  jTecedinii  that  for 
which  such  l)oard>  or  officer-  are  to  sene.  cast  the  \'A<ih- 
est  and  the  nixt  highest  number  of  vote-.  All  -u'.h 
boards  and  onJeiT-  >hall  be  ap^Kjin-.cd  or  elected  in  -  J^h 
manner,  and  uj:»on  the  nomination  of  such  repre^enia- 
tives  of  said  parties  re-j»ecuve]y,  as  the  legi^iai ,  rt  mav 
direct." 

The  Republican  and  the  Democruiic  paries  :.a\e 
alternated  in  the  State  in  ca^-inL'  -the  ;.itrhe=t  and  '.r.e 
next  highest  number  of  votes.""  an-j  fif  lanL'ua-e  of  ".t 
Constitution  wa?  intended  to  :.)ro'>i'.ie  for  an  e'j..al 
division  of  the  election  ofiiter^  'x-.ween  '.:iexri.  Tuk- 
words  ••rep^e=enta:ive^  of  said  paries"  refer  10  '.?.t 
pany  committee-  which  ha\e  rx-en  desr.ri'xd.  How 
the  provision.-  of  the  Con=ii::::ion  of  in*.  Siait  ria\e  t..*r.Tj 
obeyed  in  ine  iac::nent  of  the  iawt  has  already  been 
shown.      f  27b. ; 


304.   Character  of  Parn-  Machine 


nes. 


i     f 


I         !  i 


I 


do! 


inatiof:    0!    poli'i'. 


-Via';  I.  me 


anc    oi     ]j'Ai\iLiii 


i  !  ! 


I. 


■)    I 


..l^*»' 

'^h 


( 


\ 


m 


1 1 


51' 


111; 


194 


GOVERNMENT  BY  THE  PEOPLE 


"bosses"  is  often  denounced  with  much  earnestness, 
they  have  acquired  the  permanence  of  a  political  in- 
stitution, recognized  in  the  statute  and  the  fundamental 
laws.  But  there  is  nothing  in  either  law  to  determine 
that  the  influence  of  the  political  machine  shall  be  evil. 
The  fact  that  the  Machine  often  encourages  and  abets 
dishonest  and  illegal  practices  and  that  it  has  fre- 
quently been  instrumental  in  placing  unfit  men  in  office 
is  due  in  large  part  to  the  negligence  or  indifference  of 
the  voters  belonging  to  the  party  which  it  represents. 

305.  Responsibility  of  the  Voters.  —  Every  voter  is 
entitled  to  a  voice  in  the  management  of  the  affairs 
of  the  organization  of  the  party  with  which  he  happens 
to  be  most  in  sympathy.  Moreover  he  may  participate 
in  party  government  and  the  choice  of  party  officials 
without  binding  himself  to  vote  for  the  candidates  of 
the  party  with  which  he  affiliates  himself.  He  may 
change  his  affiliation  from  one  party  to  another  whenever 
he  so  desires,  and  in  the  affairs  of  local  government  he 
may  act  with  an  independent  organization  formed  to 
participate  in  local  elections,  without  forfeiting  his 
standing  in  the  regular  organization  of  the  party  of  his 
choice.  The  voters  themselves,  therefore,  are  respon- 
sible for  the  character  of  party  Machines,  since  they 
may  make  the  Machines  good  or  bad  as  they  will. 
(§§  58-61.) 


PARTIES  AND  THEIR  ORGANIZATION        195 

306.  Legal  Regulation  of  Parties.  —There  is  a  wide 
difference  between  the  various  State  laws  regulating 
the  government  of  political  parties.    In  New  York 
State  the  Primary  Election  Law  provides  that  each  party 
that  cast  at  least  10,000  votes  for  its  candidate  for  Gov- 
ernor in  the  last  preceding  State  election  shall  have  a 
general   committee    for   each   county    in   the    State. 
The  members  of  these  general,  or  county,  committees 
must  be  chosen  on  the  annual  Primary  day  (§  86),  and 
they  must  take  office  before  the  first  day  of  the  following 
January.    They  are  required  to  meet  and  organize  in 
accordance  with  the  rules  of  the  party  which  they 
represent.    Their   number   must    be    apportioned    in 
accordance  with  the  party  vote  in  the  several  districts 
of  the  county. 

307.  Party  Rules.  —  Within  three  days  after  its  or- 
ganization, under  the  New  York  law,  every  County 
Committee  must  file  a  copy  of  its  "rules  and  regulations" 
with  the  Custodian  of  Primary  Records  for  the  county, 
together  with  a  list  of  its  members,  including  its  chair- 
man and  secretary.  The  rules  and  regulations  must  be 
consistent  with  the  laws,  and  the  party  organization  is 
legally  bound  by  them.     (§  88.) 

308.  Rights  of  Voters.  —The  New  York  law  makes 
only  these  general  provisions  relating  to  party  organiza- 
tion and  government,  leaving  the  party  Machines  wide 


I       8 

■    I    1 


t  ' 


196 


GOVERNMENT  BY  THE  PEOPLE 


1  i 


4  >  I 


latitude  of  autonomy  under  their  rules  and  regulations. 
The  law  provides,  however,  that  every  qualified  vote- 
shall  have  an  opportunity  to  enroll  as  a  member  of  the 
political  party  of  his  choice  and  that,  when  enrolled, 
he  cannot  be  prevented  from  voting  for  members  of  the 
party  committees  at  the  Primaries.     (§§  76-81.) 

309.  Examples  of  County  Organization.  —The  rules 
and  regulatio'-s  of  the  party  organizations  in  each 
county  differ  m  detail,  but  their  general  character  may 
be  ascertained  from  the  rules  adopted  by  the  local  or- 
ganizations of  the  two  great  national  parlies  in  New  York 
County.  The  county  is  contained  wholly  within  the 
city  of  New  York,  and  within  its  boundaries  political 
organization  in  the  modem  sense  of  the  term  was  started 
a  century  ago  by  Aaron  Burr. 

310.  Tammany  Hall  Organization. —The  political 
Machine  known  as  Tammany  Hall  is  the  Democratic 
party  organization  in  the  County  of  New  York.  It  has 
been  regarded  as  the  most  perfect  example  of  political 
mechanism  in  the  world.  Its  origin  goes  back  to  the 
beginning  of  the  Democratic  party,  and  its  official  title, 
"The  Democratic-Republican  Organization  of  the 
County  of  New  York,"  preserves  the  original  title  of 
the  party  of  Jefferson. 

311.  Tammany  General  Committee. — The  Tam- 
many rules  provide  that  there  shall  be  an  Assembly 


i^i 


m 


y 


PARTIES  AND  THEIR  ORGANIZATION       197 

District  Association  in  each  Assembly  District,  com- 
posed of  all  voters  in  the  District  who  are  enrolled  as 
members  of  the  Democratic  party,  and  a  County  General 
Committee  which  shall  be  the  "central  organization" 
of  the  party  in  the  county.  The  County  General 
Committee  under  the  rules  is  "charged  with  the  ad- 
ministration of  the  affairs  of  the  party  in  the  county 
and  with  the  promotion  of  measures  for  the  harmony, 
efficiency,  and  success  of  the  party." 

313.  Representation. — Members  of  the  County 
General  Committee,  which  is  commonly  known  simply 
as  "  The  General  Committee,"  are  elected  by  Assembly 
Districts.  These  Districts  form  the  unit  of  representa- 
tion in  the  lower  branch  of  the  legislature,  and  each 
of  them  is  entitled  to  one  delegate  to  the  General  Com- 
mittee for  every  twenty-five  votes  cast  in  the  District 
for  the  Democratic  candidate  for  Governor  in  the 
last  preceding  State  election.  This  rule  creates  a 
General  Committee  of  about  8000  members.  Every 
member  is  requked  to  pay  an  annual  assessment  of 
$10,  which  yields  an  income  of  $80,000  a  year  for  the 
support  of  the  organization. 

313.  Officers  of  the  General  Committee. — The 
General  Committee  elects  a  president,  first  and  second 
vice-presidents,  a  District  \ice-president  from  each 
Assembly  District,  recording  and  corresponding  secre- 


iqS 


GOVERNMENT  BY  THE  PEOPLE 


.'  t 


taries,  a  District  secretary  from  each  Assembly  District, 
three  general  secretaries,  a  treasurer,  and  a  sergeant- 
at-arms.  The  president  of  the  Committee  may  appoint 
a  reading  secretary. 

3M.  The   Executive   Committee. —The  Tammany 
Executive  Committee,  which  is  composed  of  the  leaders 
in  each  Assembly  District,   is  the  actual  governing 
power    in    the    Tammany    organization.    The    rules 
provide  that  the  members  of  the  General  Committee 
.om  each  Assembly  District  shall  meet  and  designate 
one  of  their  number  as  the  member  of  the  Executive 
Committee  from  that  District.    Their  selection  must 
be  submitted  to  the  retiring  Executive  Committee  at 
its  last  meeting  before  the  annual  reorganization.    If 
the  retiring  Executive  Committee  approves  the  selection, 
it  is  allowed  to  stand;  but  if  not,  tht  Executive  Com- 
mittee may  select  some  other  member  of  the  General 
Committee  from  the  District  to  represent  the  District 
in  the  Executive  Committee. 

315.  Power  of  the  "Boss."— The  supreme  Tam- 
many leader,  or  "boss,"  is  not  mentioned  in  the  rule. 
of  the  organization.  Although  he  must  control  one 
or  more  Assembly  Districts  if  he  is  the  leader  in  fact. 
he  need  not  be  a  District  leader  nor  is  it  necessary  for 
him  to  hold  any  office  in  the  organization.  He  mu;t 
always  be  able  to  command  the  support  of  a  majority 


I,- 


PARTIES  AND  THEIR   ORGANIZATION        199 

of  the  members  of  the  Executive  Committee.  The 
leaders  in  the  various  Assembly  Districts  arc  the  men 
who  have  carried  the  Primaries  by  having  their  Primary 
ticket,  made  up  of  delegates  to  the  General  Committee 
who  will  obey  their  orders,  elected.  The  "boss"  is 
able  to  exert  a  strong  influence  in  the  Primary  elections 
by  aiding  one  faction  with  appointments  and  money 
to  the  exclusion  of  the  other,  but  he  is  not  always  able 
to  control  absolutely  the  result  of  the  election.  He 
is  necessarily  in  control  of  the  retiring  Executive  Com- 
mittee or  he  would  not  be  the  "boss."  When  the 
successful  contestant  in  the  Primary  election  has  caused 
himself  to  be  elected  leader  of  his  District  and  pre- 
sents himself  for  admission  to  the  Executive  Com- 
mittee, the  "boss"  may  order  the  retiring  Executive 
Committee  to  reject  him  and  substitute  another  leader 
for  the  District,  who  must,  however,  be  chosen  from 
among  the  members  of  the  General  Committee  from 
the  District  who  were  elected  at  the  Primaries.  This 
rule  aids  the  "boss"  in  perpetuating  his  power  although 
the  authority  which  it  gives  him  to  reverse  the  choice 
of  the  party  voters  in  a  District  is  rarely  invoked.  In 
addition  to  the  District  leaders,  the  president  and 
treasurer  of  the  General  Committee  are  members  of 
the  Executive  Committee.  The  chairmen  and  vice- 
chairmen  of  the  standing  committees  of  the  General 


I:' 


200  GOVERNMENT  BY  THE  PEOPLE 


N    i 


.1 '  I 


m^\n 


Ml 


hi^K 


Committee  on  Printing,  Resolutions,  and  Correspond- 
ence, Public  Meetings,  and  Law,  are  also  members  of 
the  Executive  Committee,  but  they  are  not  entitled  to 
vote. 

316.  Executive  Committee  the  Real  Powftr.  —  The 
Executive  Committee  is  required  by  the  rules  to  organize 
by  electing  a  chairman,  a  vice-chairman,  and  two  secre- 
taries.   The  chairman  may  also  appoint  a  secretary 
who  need  not  be  a  member  of  the  Committee.    The 
functions  of  the  Committee  are  not  specified  in  the  rules, 
but  in  practice  it  conducts  the  affairs  of  the  organiza- 
tion.   The  programme  of  action  which  is  agreed  upon 
by  the  Executive  Committee  is  always  affirmed  by  the 
General  Committee.    This  arises  from  the  fact  that 
each  District  leader  controls  the  members  of  the  General 
Committee  from  his  District,  so  that  a  majority  of  all 
the  District  leaders,  who  of  course  constitute  a  majority 
of  the  Executive  Committee,  control  a  majority  of  the 
members  of  the  General  Committee. 

317.  Standing  Committees.— The  president  of  the 
General  Committee  is  authorized  by  the  rules  to  appoint 
a  Committee  on  Law  to  consist  of  thirty-nine  members, 
a  Committee  on  Printing  of  seven  members,  a  Com- 
mittee on  Resolutions  and  Correspondence  of  seventeen 
members,  a  Committee  on  Election  Officers  of  five 
members,  a  Committee  on  Public  Meetings  of  seven 


I 


PARTIES  AND  THEIR  ORGANIZATION        201 

members,  and  a  Committee  on  Rules  of  seven  members. 
These  are  the  regular  sti»nding  committees  of  the  Gen- 
eral Committee  whose  president  names  their  chairmen 
and  vice-chairmen.      In  practice  they  all  follow  the 
orders  of  the  "boss."    It  is  the  duty  of  the  Tammany 
Law  Committee  to  issue  general  instructions  for  the 
guidance  of  the  Tammany  election  officials  and  to 
arrange  for  the  release  and  defence  of  Tammany  voters 
who  may  be   arrested  on  election  day.    The  Com- 
mittee on  Printing  arranges  for  the  printing  and  circu- 
lation of  notices  to  voters  and  campaign  documents. 
The  Committee  on  Resolutions  and  Correspondence 
prepares  the  resolutions  which  constitute  the  Tammany 
platform,  and  such  other  resolutions  as  it  may  be  deemed 
advisable  to  adopt  from  time  to  time,  and  attends  to 
the  correspondence  of  a  public   nature.    The  Com- 
mittee on  Election  Officers  prepares  the  list  of  inspect- 
ors of  election,  poll-clerks  and  ballot-clerks,  who  repre- 
sent the  Democratic  party  in  the  election  boards.    The 
names  for  each  district  aie  submitted  to  the  com- 
mittee by  the  leader  of  the  District.    The  Committee 
on  Public  Meetings  arranges  for  mass  meetings,  rent-, 
the  halls,  provides  the  speakers  and  the  music,  and 
issues  the  tickets.    The  Committee  on  Rules  draws 
up    the    rules    and    regulations    which    govern    the 
organization. 


!      \ 


'I 


i' 


I  •  '■ 

I'  fill  '■ 


203 


GOVERNMENT  BY  THE  PEOPLE 


318.  Meetings  and  Procedure.  —  Regular  meetings 
of  the  General  Committee  are  held  on  the   second 
Thursday  in  each  month  excepting  in  June,  July,  and 
August.    Special  meetings  may  be  called  for  a  specific 
purpose  at  any  time  by  the  president  of  the  Com- 
mittee.   The  meetings  are  always  preceded  by  meet- 
ings of  the  Executive  Committee  which  makes  up  the 
programme  to  be  followed  by  the  General  Committee 
prepares  any  resolutions  that  are  to  be  adopted,  and 
designates  the  speakers  if  speeches  are  to  be  made. 
Procedure    is    governed    by  the  usual  parliamentary 
practice,  but  the  General  Committee  is  forbidden  to 
recommend    any   person    for   appointment   to   office, 
this  right  being  reserved  to  the  "boss"  and  the  District 
leaders.    Any  member  of  the  General  Committee  may 
be  expelled  for  cause  by  a  two-thirds  vote  of  the  Com- 
mittee and  a  similar  vote  is  required  to  make  a  change 
in  the  rules.    The  General  Committee  is  required  to 
apportion  delegates  to  conventions  among  the  Districts 
in  accordance  with  the  provisions  of  the  Primary  Law 
and  to  issue  the  calls  for  conventions  and  Prim.'ries. 

319.  District  Organization.  —  Every  Assembly  Dis- 
trict in  the  County  has  a  Tammany  organization  which 
practically  duplicates  the  central  organization.  The 
District  leader  is  the  "boss"  in  his  District.  A  District 
general  committee  is  chosen  and  its  chairman  appoints 


PARTIES  AND  THEIR  ORGANIZATION       203 

standing  committees.  The  District  organization  is 
subdivided  into  election  district  organizations,  each 
of  which  is  led  by  an  election  district  "captain." 

320.  Finances.  — There  is  no  provision  in  the 
Tammany  Rules  for  a  Finance  Committee,  but  such 
a  committee  may  be  appointed  unofficially  by  the 
"boss."  Although  the  organization  has  a  treasurer, 
the  "boss"  has  exclusive  control  of  the  finances.  Aside 
from  the  collection  of  the  regular  dues  from  members 
of  the  General  Committee,  he  directs  the  raising  and 
expenditure  of  campaign  funds.  He  decides  the  as- 
sessment that  shall  be  levied  upon  candidates  and 
takes  charge  of  gathering  campaign  contributions  from 
other  sources.  The  collection  of  assessments  upon 
office-holders  is  made  by  an  agent  of  the  "boss,"  known 
as  the  "Wiskinkie"  of  Tammany  Hall.  No  account- 
ing of  campaign  funds  is  provided  for  by  the  rules  of 
the  organization. 

321.  Republican  Organization.  —  The  rules  and  reg- 
ulations of  the  Republican  organization  in  New  York 
County  are  similar  to  those  of  Tammany  Hall,  but  the 
character  of  the  organization  is  different.  The  Tam- 
many General  Committee,  with  one  member  for  each 
twenty-five  votes  cast  for  the  Democratic  candidate 
for  Governor  in  the  last  preceding  State  election,  is 
large  and  unwieldy.     Its  meetings  are  usually  per- 


i 


>  't 


304 


GOVERNMENT  BY  THE  PEOPLE 


i 


t 


I 


0 

■  •-. 

f,.-  ' 
'"II 

m. 


functory,  the  real  ix)wcr  being  vested  in  the  "boss" 
and  the  Executive  Committee.  The  Republican  County 
Committee,  which  is  the  General  Committee  of  the 
county  of  New  York,  is  apportioned  on  the  basis  of 
one  member  for  each  200  votes  cast  for  the  Republi- 
can candidate  for  Governor  in  the  last  preceding 
State  election.  This  rule  creates  a  County  Committee 
of  about  700  members,  which  is  not  too  large  to  en- 
able it  to  take  an  active  part  in  the  management  of  the 
organization. 

333.  Assembly  District  Committees.  —  In  addition 
to  the  general  county  organization,  each  Assembly 
District  under  the  Republican  rules  has  a  separate 
organization  in  which  the  election  district  is  the  basis 
of  representation.  Delegates  to  the  Assembly  District 
General  Committee  are  apportioned  among  the  election 
districts  on  the  basis  of  one  delegate  for  each  fifty 
votes  cast  in  the  election  district  for  the  Republican 
candidate  for  Governor  in  the  last  preceding  State 
election;  but  each  election  district  is  entitled  to  at 
least  one  delegate.  The  members  of  the  County  Com- 
mittee from  each  Assembly  District  are  also  members 
of  the  District  Committee. 

333.  County  Executive  Committee.  —  Under  the 
rules  of  the  Republican  organization,  the  president  of 
the  County  Committee  may  appoint  the  members  of 


PARTIES  AND  THEIR  ORGANIZATION       205 

the   County    Executive   Committee,    one    from    each 
Assembly   District;   but    in    practice   the    Republican 
District  leader,  like  the  Tammany  District  leader,  is 
the   candidate   for   leadership   whose   Primary   ticket 
wins  in  the  Primary  election.    This  gives  him  control 
of  the  District  Committee  and  of  the  delegates  from 
the  District  to  the  County  Committee,  and  he  is  appointed 
by  the  president  of  the  County  Committee  to  represent 
the  District  in  the  County  Executive  Committee.    The 
president  of  the  County  Committee  and  the  first  vice- 
president  are  also  members  of  the  Executive  Committee. 
334.   Standing    Committees.  —  Besides   naming  the 
members  of  the  Executive  Committee,  the  president  of 
the  County  Committee  appoints  a  Committee  on  Elec- 
tion OflScers   consisting  of  one   member   from   each 
Assembly  District,   a  Committee   on  Law   consisting 
of  seven  members,  a  Committee  on  Public  Meetings 
of  fifteen  members,  a  Committee  on  Finance  the  mem- 
bers of  which  need  not  be  members  of  the  County  Com- 
mittee, and  such  other  special  committees  as  may  be 
authorized  by  the  County  Committee.     He  is  empowered 
to  name  an  Advisory  Committee  composed  of  Republi- 
cans who  need  not  be  members  of  the  County  Com- 
mittee. 

325.  Officers. —The    officers    of     the    Republican 
County  Committee  are  the  president,  first  and  second 


]r 


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ao6 


GOVERNMENT  BY  THE  PEOPLE 


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vioe-pri'sidi'nls,  secretary,  treasurer,  and  serp;eant- 
at-arms.  The  secretary  need  not  be  a  member  of  the 
County  Committee,  but  he  is  re(|uired  to  devote  his 
entire  time  to  the  duties  of  his  oflice.  He  receives 
a  salary  of  $3500  a  year.  The  treasurer  need  not  be 
a  member  of  the  County  Committee,  but  his  election 
makes  him  a  member  of  the  Executive  Committee. 
It  is  his  duty  to  receive  and  hold  in  trust  .ill  funds  of 
the  County  Committee,  and  "when  in  funds"  he  is 
required  to  honor  all  drafts  of  the  Executive  Com- 
mittee, to  which  he  must  report  when  requested  to  tio 
so  by  the  Committee.  No  money  can  be  paid  except- 
ing upon  an  order  signed  by  the  president  of  the  County 
Committee.  By  nrtue  of  their  offices  the  president 
is  a  member  of  all  the  committees  of  the  County  Com- 
mittee and  the  treasurer  is  a  member  of  the  Executne 
and  the  Finance  Comm'ttees.  Each  member  of  the 
County  Committee  is  required  to  pay  ten  dollars  annual 
dues  or  lose  his  vote  in  the  Committee. 

336.  Meetings  of  the  County  Committee.  —  Regular 
meetings  of  the  Republican  County  Committee  are 
held  on  the  third  Thursday  in  each  month  exceptin.: 
in  July  and  August.  Special  meetings  for  a  stated 
purpose  may  be  called  by  the  president  of  the  Com- 
mittee on  forty-eight  hours'  notice,  and  they  must  be 
called  upon  the  written  request  of  twenty  members 


PARTIES  AND  THEIR  ORGANIZATION       aoy 

of  the  Committee.    A  majority  of  all  the   members 
elected  to  the  Committee  constitutes  a  quorum  xor  the 
transaction  of  business.    Meetings  of  the  County  Com- 
mittee arc  always  preceded  by  meetings  of  the  Ex- 
ecutive Committee,  which,  as  in  Tammany  Hall,  out 
lines  the  programme  to  be  followed  by  the  County 
Committee  and  recommends  resolutions  for  adoption. 
337.  District  Committee  Meetings. —The  Republi- 
can  Assembly   District  Committees   are   required    to 
elect  a  chairman,  \ice-chairman,  secretary,  treasurer, 
and  sergeant-at-arms.     They  may  appoint  such  sub- 
committees as  they  desire  and   determine   the   time 
for  liOlding  their  meetings,  which,  however,  must  be 
called  at   the  request   of  ten   members.    They  may 
make  by-laws  not  inconsistent  with  the  rules  of  the 
County  Committee.    Election  district  "captains"  are 
appointed  under  the  authority  of  the  Assembly  Dis- 
trict Committees. 

328.  The  RepubUcan  "Boss."— The  president  of 
the  Republican  County  Committee  is  recognized  as  the 
leader  of  the  county  organization,  but  he  is  not  a  "boss" 
in  the  sense  that  the  Tammany  leader  is.  The  reason 
for  this  is  found  in  the  fact  that  the  Republican  party 
IS  in  a  minority  in  the  county  and  is  usually  com- 
peller  -.  seek  patronage  from  the  State  and  national 
governments   rather  than  from  the  city  and  county 


1 


i 


208 


GOVERNMENT  BY  THE  PEOPLE 


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tV  \ 

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administrations.  The  Republican  "boss"  of  the  State, 
when  there  is  one,  is  the  dispf  .iser  of  this  patronage, 
and  as  a  result  he  is  also  ihe  Repuhlic.n  "boss"  in 
the  county.  He  is  ablt  o  make  and  unmake 
presidents  of  the  County  (Jommiilcf.  Cdbequently 
the  District  leaders  and  the  members  of  the  County 
Committee  stand  less  in  fear  of  him  than  the  Tammany 
leaders  stand  in  relation  to  their  "boss."  He  is  a 
deputy  rather  than  a  principal.  He  is  often  at  variance 
with  the  Executive  Committee,  and  the  assumed  author- 
ity of  the  Executive  Committee  is  sometimes  ignored  by 
the  County  Committee.  In  the  Republican  organiza- 
tion there  is  nearly  always  a  strong  minority  opposed 
to  the  president  of  the  County  Committee.  There  is 
very  rarely  a  minority  in  Tammany  Hall  and  when  one 
springs  up,  it  is  quickly  eliminated. 

329.  Par*y  Headquarters.  —  Both  party  organiza- 
tions have  a  general  headquarters  for  the  county  and 
District  headquarters  in  each  Assembly  District.  The 
Democratic  County  headquarters  is  in  Tammany 
Hall  and  the  Democratic  organization  is  usually  known 
by  the  name  of  the  building  in  which  it  meets.  This 
building,  however,  belongs  to  the  Tammany  Society,  or 
Columbian  Order,  a  distinct  organization  theoretically 
non-partisan,  although  as  a  rule  dominated  by  the 
political  party  :Machinc.    The  Tammany  District  head- 


PARTIES  AND  THEIR  ORGANIZATION       209 

quarters  are  urually  in  club-houses  belonging  to  politi- 
cal clubs  bearing  the  names  of  various  Indian  tribes, 
such  as  the  Iroquois  Club,  the  Seneca  Club,  and  the 
Delaware  Club.    The  Tammany  District  leaders  have 
stated  times  for  visiting  these  clubs,   usually  in  the 
evening,    to    consult    with    their    lieutenants.    They 
form  the  centre  of  Tammany  activity  in  the  District. 
The  Republican  District  headquarters  are  also  usually 
in  District  clubs  which  often  bear  the  names  of  Republi- 
can party  heroes,  such  as  the  Lincoln  Club,  the  Blaine 
Club,  and  the  Hamilton  Club.  They  are  less  frequented 
than  the  Tammany  political  clubs.    Not  only  is  the 
political   machinery  of  each  District   managed   from 
these  club-headquarters,  but  the  mutual  acquaintance 
of  the  political  workers  is  promoted  by  social  enter- 
tainments there  which  serve  to  bring  the  members  of 
the  organization  together.    Attempts  have  been  made 
from  time   to  time  to  establish  partisan  club-head- 
quarters for  the  whole  county  distinct  from   /    business 
headquarters,  but  they  have  never  succeeuv  a. 

330.  Independent  Organizations.  —  Independent  and 
local  political  organizations,  such  as  the  Citizens*  Union, 
are  modelled  on  the  same  general  plan  as  those  of  the 
two  great  parties,  although  their  machinery  is  usually 
much  less  complete.  The  Citizens'  Union  has  its  own 
enrolment,  which  is  not  recognized  by  the  law,  and  it 


I  ■■: 


VI' 


♦  'I 


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t 

is, 


310  GOVERNMENT  BY  THE  PEOPLE 

admits  both  Democrats  and  Republicans  as  ^e\l  as 
independents.  Its  activity  is  confined  entirely  to 
local  elections.  Scores  of  similar  organizations  have 
existed  from  time  to  time  in  the  County,  but  as  a  rule 
they  have  been  short-lived. 


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APPENDIX  I 

RESTRICTIONS  UPON  THE  VOTING  PRIVILEGE 

No  person  is  permitted  to  vote  in  any  of  the  States  untU 
he  has  reached  the  age  of  twenty-one.  The  following  is 
a  brief  summary  of  the  restrictions  placed  upon  the  voting 
privilege  by  each  State. 

Alabama.  —Male  citizens  of  the  United  States  and  aliens 
who  have  declared  their  intention  of  becoming  citizens, 
who  can  read  the  Constitution  or  understand  it  when  read, 
or  who  pay  taxes,  may  vote  in  all  elections,  provided  they 
are  of  sound  mind,  and  have  not  been  convicted  of  a  felony, 
when  they  have  lived  two  years  in  the  State,  one  year  in  the 
county,  and  three  months  in  the  election  district  or  pre- 
cmct,  and  have  paid  their  poU-t^x. 

Arizona.  —Male  citizens  of  the  United  States  and  aliens 
who  have  declared  their  intention  of  becoming  citizens  may 
vote  in  aU  elections,  provided  they  are  of  sound  mind  and 
have  not  been  convicted  of  a  felony,  when  they  have  lived 
one  year  in  the  Territory  and  thirty  days  in  the  electica 
district  or  precinct. 

Women  may  vote  in  school  elections  under  the  con- 
ditions prescribed  for  men. 

Arkansas.  —Male  citizens  of  the  United  States  or  aliens 
who  have  declared  t.,eir  intention  of  becoming  citizens 
may  vote  in  all  elections,  if  they  have  paid  their  poll-tax, 

211 


%1 


H  ''i 

i 

i  t 


212 


GOVERNMENT  BY  THE  PEOPLE 


'I  : 

i  t 
I  ' 
l;l 

i- 


provided  they  are  of  sound  mind  and  have  not  been  con- 
victed of  a  felony,  when  they  have  lived  one  year  in  the 
State,  six  months  in  the  county,  and  thirty  days  in  the 
election  district  or  precinct. 

California.  —Male  citizens  of  the  United  States,  wt  ; 
have  been  citizens  for  ninety  days  before  the  election  and 
who  can  read  the  Constitution  and  write  their  names,  may 
vote  in  all  elections,  provided  they  are  of  sound  mind  and 
not  under  guardianship  or  in  prison,  when  they  have  lived 
one  year  in  the  State,  ninety  days  in  the  county,  and  ten 
days  in  the  election  district  or  precinct. 

Colorado.  —  All  citizens  of  the  United  States,  both  men 
and  women,  may  vote  in  all  elections,  provided  they  are 
of  sound  mind  and  not  under  guardianship  or  in  prison, 
when  they  have  lived  one  year  in  the  State,  ninety  days  in 
the  county,  and  ten  days  in  the  election  district  or  precinct. 

Connecticut.  —  Male  citizens  of  the  United  States  who 
can  read  English  may  vote  in  all  elections,  provided  they 
have  not  been  convicted  of  a  felony  for  which  they  have 
not  been  pardoned,  when  they  have  lived  one  year  in  the 
State  and  six  months  in  the  town. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Delaware.  —Male  citizens  of  the  United  States  who  can 
read  and  write  may  vote  in  all  elections,  provided  they  are 
of  sound  mind  and  have  not  been  convicted  of  a  felony  for 
which  they  have  not  been  pardoned,  when  they  have  lived 
one  year  in  the  State,  three  months  in  the  county,  and  thirty 
days  in  the  election  district  or  precinct. 

District  -f  Columbia.  —  Residents  have  no  right  to  vote. 


x"^^ 


RESTRICTIONS  UPON  VOTING  PRIVILEGE    213 

Florida.  —Male  citizens  of  the  United  States  may  vote 
in  all  elections,  provided  they  are  of  sound  mind,  are  not 
duellists,  and  have  not  been  convicted  of  a  felony,  when  they 
have  lived  one  year  in  the  State  and  six  months  in  the  town. 
Georgia.  —Male  citizens  of  the  United  States  who  have 
paid  all  their  taxes  since  1877  ma/  ,ce  in  all  elections, 
provided  they  are  of  sound  mind  and  have  not  been  con- 
victed of  a  felony  for  Ahich  they  have  not  been  pardoned, 
when  they  have  lived  one  year  in  the  State  and  six  months 
in  the  county. 

Idaho. —  All  citizens  of  the  United  States,  both  men 
and  women,  may  vole  in  all  elections,  provided  they  are 
of  sound  mind,  not  under  guardianship,  and  are  not  biga- 
mists or  polygamists,  when  they  have  lived  six  months 
in  the  State  and  thirty  days  in  the  county. 

Illinois.  —Male  citizens  of  the  United  States  may  vote 
in  all  elections,  provided  they  have  not  been  convicted  of 
a  felony  or  election  bribery  for  which  their  disability  has 
not  been  removed,  when  they  have  lived  one  year  in  the 
State,  ninety  days  in  the  county,  and  thirty  days  in  the 
election  district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Indiana.  —Male  citizens  of  the  United  States  and  aliens 
who  have  declared  their  intention  of  becoming  citizens 
and  who  have  resided  one  year  in  the  United  States  may 
vote  in  all  elections,  provided  they  have  not  been  convicted 
of  an  infamous  crime,  when  they  have  lived  six  months  in 
the  State,  sixty  days  in  the  county,  and  thirty  days  ir  the 
election  district  or  precinct. 


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214  GOVERNMENT  BY  THE  PEOPLE 

Iowa.  —Male  citizens  of  the  United  States  may  vote 
in  all  elections,  provided  they  are  of  sound  mind,  and 
have  not  been  convicted  of  an  infamous  crime,  when 
they  have  lived  six  months  in  the  State  and  sixty  days 
in  the  county. 

Women  muy  vote  on  the  question  of  issuing  municipal 
bonds  under  the  conditions  prescribed  for  men. 

Kansas.  —Male  citizens  of  the  United  States  and  aliens 
who  have  declared  their  intention  of  becoming  citizens 
may  vote  in  all  elections,  provided  they  are  of  sound  mind, 
not  under  guardianship,  have  not  been  convicted  of  a  felony, 
public  embezzlement,  or  bribery,  and  have  not  been  dis- 
honorably discharged  from  the  United  States  military 
service,  unless  reinstated,  when  they  have  lived  six  months 
in  the  State,  thirty  days  in  the  town,  and  ten  days  in  the 
election  district  or  precinct. 

Women  may  vote  in  school  and  municipal  elections 
under  the  conditions  prescribed  for  men. 

Kentucky.— Male  citizens  of  the  United  States  may 
vote  in  all  elections,  provided  they  are  of  sound  mir  d  and 
have  not  been  convicted  of  treason,  a  felony,  or  election 
bribery,  when  they  have  lived  one  year  in  the  State,  six 
months  in  the  county,  and  sixty  days  in  the  election  district 
or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Louisiana.  —Male  citizens  of  the  United  States  who  can 
read  and  write  or  who  pay  taxes  on  property  worth  $300 
which  is  assessed  in  their  name,  or  whose  fathers  or  grand- 
fathers were  entitled  to  vote  on  January  i,  1867,  may  vote 


RESTRICTIONS  UPON  VOTING  PRIVILEGE    215 

in  aU  elections,  provided  they  are  of  sound  mind,  have  not 
been  convicted  of  a  felony,  are  not  under  indictment,  and 
are  not  inmates  of  prisons  or  charitable  institutions  other 
than  the  Soldiers'  Home,  when  they  have  lived  two  years 
in  the  State,  one  year  in  the  county,  and  six  months  in  the 
election  district  or  precinct. 

Women  taxpayers  may  vote  on  questions  submitted  to 
taxpayers  under  the  conditions  prescribed  for  men. 

Maine.  -Male  citizens  of  the  United  States  who  can 
read  and  write  may  vote  in  all  elections,  provided  they  are 
not  under  guardianship  and  are  not  paupers  or  Indians 
not  taxed,  when  they  have  Uved  three  months  in  the  election 
district  or  precinct. 

Maryland. -Male  citizens  of  the  United  States  may 
vote  in  all  elections,  provided  they  are  of  sound  mind  and 
have  not  been  convicted  of  bribery  or  of  a  felony  for  which 
they  have  not  been  pardoned,  when  they  have  lived  one 
year  in  the  State,  six  months  in  the  town,  and  one  day  in 
the  election  district  or  precinct. 

Massachusetts. -Male  citizens  of  the  United  States 
who  can  read  and  write  may  vote  in  all  elections,  provided 
they  are  not  paupers  or  under  guardianship,  when  they 
have  Uved  one  year  in  the  State  and  six  months  in  the 
election  district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Michigan.  —Male  citizens  of  the  United  States  or  aliens 
who  had  declared  their  intention  of  becoming  citizens  on 
May  8, 1892,  may  vote  in  all  elections  unless  they  are  Indians 
with  tribal  relations,  or  duelUsts  or  accessories,  when  they 


•^ 


3l6 


GOVERNMENT  BY  THE  PEOPLE 


.       i 


have  lived  six  months  in  the  State  and  twenty  days  in  the 
elect  m  district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Minnesota.  —Male  citizens  of  the  United  States  who 
have  been  citizens  for  three  months  preceding  election 
may  vote  in  all  elections,  provided  they  are  of  sound  mind, 
not  under  guardianship,  have  not  been  convicted  of  treason, 
or  a  felony  for  which  they  have  not  been  pardoned,  and  are 
not  uncivilized  Indians,  when  they  have  lived  six  months 
in  the  State  and  thirty  days  in  the  election  district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Mississippi. —Male  citizens  of  the  United  States  who 
can  read  or  understand  the  Constitution  and  have  paid 
theu:  taxes  may  vote  in  all  elections,  provided  they  are 
of  sound  mind,  have  not  been  convicted  of  a  felony,  and 
are  not  bigamists  or  untaxed  Indians,  when  they  have 
lived  two  years  in  the  State  and  one  year,  —  or  if  clergy- 
men, six  months,  —  in  the  elec.   )n  district  or  precinct. 

Missouri.  —Male  citizens  of  the  United  States  or  aliens 
who  have  declared  their  intention  of  becoming  citizens  not 
less  than  one  year  nor  more  than  five  years  before  the  elec- 
tion may  vote  in  all  elections,  provided  they  are  not  inmates 
of  prisons,  asylums,  or  almshouses,  and  have  not  been  con- 
victed of  an  infamous  crime,  when  they  have  lived  one  year 
in  the  State,  sixty  days  in  the  town,  and  twenty  days  in  the 
election  district  or  precinct. 

Montana.  — Male  citizens  of  the  United  States  may  vote 
in  all  elections,  provided  they  are  of  sound  mind,  have  not 


RESTRICTIONS  UPON  VOTING  PRIVILEGE    217 


been  convicted  of  a  felony  for  which  they  have  not  been 
pardoned,  and  are  not  Indians,  when  they  have  lived  one 
year  in  the  State  and  thirty  days  in  the  election  district 
or  precinct. 

Women  may  vote  in  school  elections  and  on  the  question 
of  issuing  municipal  bonds  under  the  conditions  prescribed 
for  men. 

Nebraska.  — Male  citizens  of  the  United  States  or 
aliens  who  have  declared  their  intention  of  becoming 
citizens  thirty  days  before  the  election  may  vote  in  all 
elections,  provided  they  are  of  sound  mind  and  have 
not  been  convicted  of  treason  or  a  felony  without  res- 
toration of  civil  rights,  when  they  have  lived  six  months 
in  the  State,  forty  days  in  the  county,  thirty  days  in 
the  town,  and  ten  days  in  the  election  district  or  ore- 
cinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Nevada.  — Male  citizens  of  the  United  States  may  vote 
in  all  elections,  provided  they  are  of  sound  mind,  are  not 
Indians,  and  have  not  been  convicted  of  a  crime  for  which 
they  have  not  been  pardoned,  when  they  have  lived  six 
months  in  the  county  and  thirty  days  in  the  election  district 
or  precinct. 

New  Hampshire.  — Male  citizens  of  the  United  States 
who  can  read  the  State  Constitution  and  write  may  vote 
in  all  elections,  unless  they  have  been  excused  from  taxation 
at  their  own  request,  or  are  paupers,  when  they  have  lived 
six  months  in  the  State  and  six  months  in  the  election  dis- 
trict or  precinct. 


\m 


ai8  GOVERNMENT  BY  THE  PEOPLE 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

New  Jersey.  —Male  citizens  of  the  United  States  may 
vote  in  all  elections,  provided  they  are  of  sound  mind,  are 
not  paupers,  and  h;  c  not  been  convicted  of  a  crime  without 
having  been  pardoned  or  restored  to  civil  rights,  when 
they  have  lived  one  year  in  the  State  and  five  months  in 
the  election  district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

New  Mexico.  —Male  citizens  of  the  United  States  may 
vote  in  all  elections,  provided  they  are  not  Indians  and  have 
not  been  convicted  of  a  felony  for  which  they  have  not  been 
pardoned,  when  they  have  lived  six  months  in  the  Territory, 
three  months  in  the  county,  and  thirty  days  in  the  election 
district  or  precinct. 

New  York.  —Male  citizens  of  the  United  States,  who 
have  been  citizens  for  ninety  days  before  the  election,  may 
vote  in  all  elections  excepting  town  elections  creating  a  tax 
or  liability,  provided  they  have  not  been  convicted  of  a 
felony,  violation  of  the  election  laws,  or  betting  on  the  elec- 
tion without  having  been  restored  to  civil  rights,  when  they 
have  lived  one  year  in  the  State,  four  months  in  the  county, 
and  thirty  days  in  the  election  district  or  precinct. 

Only  qualified  voters  owning  assessed  property  may  vote 
in  town  or  village  elections  creating  a  tax  or  liability,  and 
women  may  vote  in  such  elections  and  in  school  elections 
under  the  conditions  prescribed  for  men. 

North  Carolina. —Male  citizens  of  the  United  States 
who  can  read  and  write  English  may  vote  in  aU  elections. 


\ 


RESTRICTIONS  UPON  VOTING  PRIVILEGE    219 


provided  they  are  of  sound  mind  and  have  not  been  con- 
victed of  a  felony  or  infamous  crime,  when  they  have  lived 
two  years  in  the  State,  six  months  in  the  county,  and  four 
months  in  the  election  district  or  precinct. 

North  Dakota.  — Male  citizens  of  the  United  States  may 
vote  in  all  elections,  provided  they  are  of  sound  mind,  not 
under  guardianship,  have  not  been  convicted  of  treason 
or  a  felony  without  having  been  restored  to  civil  rights, 
and  are  not  tribal  or  uncivilized  Indians,  when  they  have 
lived  one  year  in  the  State,  six  months  in  the  county,  and 
ninety  days  in  the  election  district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Ohio.  — Male  citizens  of  the  United  States  may  vote  in 
all  elections,  provided  they  are  of  sound  mind  and  have 
not  been  convicted  of  a  felony,  when  they  have  lived  one 
year  in  the  State,  thirty  days  in  the  county,  and  twenty  days 
in  the  election  district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Oklahoma.  — Male  citizens  of  the  United  States  may 
vote  in  all  elections,  provided  they  are  of  sound  mind, 
have  not  been  convicted  of  a  felony,  and  are  not  tribal 
Indians,  when  they  have  lived  six  months  in  the  State, 
sixty  days  in  the  county,  and  thirty  days  in  the  election 
district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Oregon.  — Male  citizens  of  the  United  States  and  aliens 
who  have  declared  their  intention  of  becoming  citizens 


t    !i 


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i 


I 


aao  GOVERNMENT  BY  THE  PEOPLE 

one  year  before  the  election  may  vote  in  all  elections, 
provided  they  are  of  sound  mind  and  have  not  been  convicted 
of  a  felony,  whci  they  have  lived  six  months  in  the 
State. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Pennsylvania.  —Male  citizens  of  the  United  States,  who 
have  been  citizens  for  one  month  before  the  election  and 
who,  if  twenty-two  years  old,  have  paid  taxes  within  two 
years,  may  vote  in  all  elections,  provided  they  have  not  been 
convicted  of  election  fraud,  when  they  have  lived  one  year 
in  the  State  and  two  months  in  the  election  district  or 
precinct. 

Rhode  Island.  —Male  citizens  of  the  United  States  may 
vote  in  all  elections,  provided  they  are  of  sound  mind,  not 
paupers  or  under  guardianship,  and  have  not  been  sentenced 
to  prison  for  one  year  or  more  without  having  been  restored 
to  civil  rights,  when  they  have  lived  two  years  in  the  State, 
or  one  year  if  property  owners,  and  six  months  in  the 
town. 

South  Caroliaa.  —  Male  citizens  of  the  United  States 
wbt^  have  paid  ineir  poll-tax  and  can  read  the  State  Con- 
stitution and  wrcs  3r  whc  have  paid  taxes  en  property 
assessed  at  $300  ■-  3ssr..  may  vote  in  all  elections,  provided 
they  are  of  smmz  ^mm^  not  paupers,  and  have  not  been 
convuted  d  n  iamy  -^  a  bribery  for  which  they  have  not 
been  jarsoaBcL  wbrni  aw  have  lived  two  years  in  the 
State.  —  iff  3s  :2Hiir2£  -j  aergvmen  or  school  teachers,  — 
one  x'sar  in  ta  ccsz^:. .  aaad  four  months  in  the  election 
distm:  cr  nrw  1^1 7 


RESTRICTIONS  UPON  VOTING  PRIVILEGE    221 

South  Dakota.  —Male  citizens  of  the  United  States  and 
aliens  who  have  declared  their  intention  of  becoming 
citizens  and  have  lived  one  year  in  the  United  States  may 
vote  in  all  elections,  provided  they  are  of  sound  mind,  not 
under  guardianship,  have  not  been  convicted  of  treason  or 
a  felony  for  which  they  have  not  been  pardoned,  and  are 
not  tribal  Indians,  when  they  have  lived  six  months  in  the 
State,  thirty  dav  s  in  the  county,  and  ten  days  in  the  election 
district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Tennessee.  —Male  citizens  of  the  United  States  who 
have  paid  their  poll-taxes  for  the  preceding  year  may  vote 
in  all  elections,  provided  they  have  not  been  convicted  of 
bribery  or  a  felony,  when  they  have  lived  one  year  in  the 
State  and  six  months  in  the  county. 

Texas. —Male  citizens  of  the  United  States  or  aliens 
who  have  declared  their  intention  of  becoming  citizens 
six  months  before  the  election  may  vote  in  all  elections, 
provided  they  are  of  sound  mind,  not  paupers,  and  have  not 
been  convicted  of  a  felony  for  which  they  have  not  been 
pardoned,  when  they  have  lived  one  year  in  the  State,  six 
months  in  the  town,  and  are  actual  residents  of  the  election 
district  or  precinct. 

Utah.  —  Citizens  of  the  United  States,  both  men  and 
women,  may  vote  in  all  elections,  provided  they  are  of  sound 
mind,  not  paupers,  and  have  not  been  convicted  of  a  felony 
without  restoration  to  civil  rights,  when  they  have  lived  one 
year  in  the  State,  four  months  in  the  county,  and  sixty  days 
in  the  election  district  or  precinct. 


fl23 


GOVERNMENT  BY  THE  PEOPLE 


i 


I.   \': 


Vermont.  —Male  citizens  of  the  United  States  who  have 
obtained  the  approbation  of  the  local  board  of  civil  authority 
may  vote  in  all  elections  when  they  have  lived  one  year  in 
the  State  and  three  months  in  the  election  district  or 
precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Virginia.  —Male  citizens  of  the  United  States  who  have 
paid  their  poll-taxes  for  the  preceding  three  years  six  months 
before  the  election  or  who  have  served  in  time  of  war  in  the 
army  or  navy  of  the  United  States  or  of  the  Confederate 
States  may  vote  in  all  elections,  provided  they  are  of  sound 
mind,  not  paupers  or  duellists,  and  have  not  been  convicted 
of  treason,  a  felony,  bribery,  embezzlement  of  public  funds, 
forgery,  perjury,  or  petit  larceny  for  which  they  have  not 
been  pardoned,  when  they  have  lived  two  years  in  the  State, 
one  year  in  the  county,  and  thirty  days  in  the  election  dis- 
trict or  precinct. 

Washington.  —  Male  citizens  of  the  United  States  and 
male  residents  of  the  Territory  before  it  became  a  State 
may  vote  in  all  elections,  provided  they  are  of  sound  mind, 
are  not  Indians  untaxed,  and  have  not  been  convicted  of 
an  Infamous  crime,  when  they  have  lived  one  year  in  the 
State,  ninety  days  in  the  county,  and  thirty  days  in  the 
election  district  or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

West  Virginia.  —Male  citizens  of  the  United  States  may 
vote  in  all  elections,  provided  they  are  of  sound  mind,  not 
paupers,  and  have  not  been  convicted  of  treason,  a  felony, 


RESTRICTIONS  UPON  VOTING  PRIVILEGE    223 

or  election  bribery,  when  they  have  lived  one  year  in  the 
State  and  six  months  in  the  town. 

Wisconsin.  —Male  citizens  of  the  United  States,  aliens 
who  have  declared  their  intention  of  becoming  citizens, 
and  civilized  Indians  who  have  severed  their  tribal  relations 
may  vote  in  aU  elections,  provided  they  are  of  sound  mind, 
not  under  guardianship,  and  have  not  been  convicted  of 
treason,  a  felony,  or  election  betting,  when  they  have  Uved 
one  year  in  the  State  and  ten  days  in  the  election  district 
or  precinct. 

Women  may  vote  in  school  elections  under  the  conditions 
prescribed  for  men. 

Wyoming.— Citizens  of  the  United  States,  both  men 
and  women,  who  can  read  the  State  Constitution,  may 
vote  in  all  elections,  provided  they  are  of  sound  mind  and 
have  not  been  convicted  of  a  felony,  when  they  have  lived 
one  year  in  the  State,  sixty  days  in  the  county,  and  ten  days 
in  the  election  district  or  precinct. 


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I 


APPENDIX  II 


NATIONAL  PARTY  PLATFORMS   OF    I904 

The  National  party  platform  constitutes  the  declaration 
of  principles  or  policies  of  government  upheld  and  advocated 
by  the  party  which  adopts  it.  A  political  party  may  change 
its  platform  from  time  to  time  as  new  issues  arise,  but  its 
fundamental  principles  are  supposed  to  remain  always  the 
same.  Each  platform  remains  the  supreme  party  authority 
until  another  platform  is  substituted  for  it.  The  principles 
upon  which  the  National  parties  now  in  existence  are  based, 
as  set  forth  in  their  platforms  of  1904,  are  as  follows:  — 

The  Republican  Platform 

Party  Achievements.  —  Fifty  years  ago  the  Republican 
party  came  into  existence,  dedicated,  among  other  purposes, 
to  the  great  task  of  arresting  the  'extension  of  human  slavery. 
In  i860  it  elected  its  first  President.  During  twenty-four 
of  the  forty-four  years  which  have  elapsed  since  the  election 
of  Lincoln  the  Republican  party  has  held  complete  control 
of  the  government.  For  eighteen  more  of  the  forty-four 
years  it  has  held  partial  control  through  the  possession  of 
one  or  two  branches  of  the  government,  while  the  Demo- 
cratic party  during  the  same  period  has  had  complete  con- 
trol for  only  two  years.    This  long  tenure  of  power  by  the 

Republican  party  is  not  due  to  chance.    It  is  a  demonstra- 

224 


NATIONAL  PARTY  PLATFORMS  OF  1904       225 

tion  that  the  Republican  party  has  commanded  the  con- 
fidence of  the  American  people  for  ncariy  two  generations 
to  a  degree  never  equalled  in  our  history,  and  has  d-splayed 
a  high  capacity  for  rule  and  government  which  has  been 
made  even  more  conspicuous  by  the  incapacity  and  in- 
firmity of  purpose  shown  by  its  opponents. 

Returning  Prosperity. —The  Republican  party  entered 
upon  its  present  period  of  complete  supremacy  in  1897. 
We  have  every  right  to  congratulate  ourselves  upon  the 
work  since  then  accomplished,  for  it  has  added  lustre  even 
to  the  traditions  of  the  party  which  carried  the  government 
through  the  storms  of  civil  war.  We  then  found  the  country, 
after  four  years  of  Democratic  rule,  in  evil  plight,  oppressed 
with  misfortune  and  doubtful  of  the  future.  Public  credit 
had  been  lowered,  the  revenues  were  declining,  the  debt 
was  growing,  the  administration's  attitude  toward  Spain 
was  feeble  and  mortifying,  the  standard  of  values  was 
threatened  and  uncertain,  labor  was  unemployed,  business 
was  sunk  in  the  depression  which  had  succeeded  the  panic 
of  1893,  hope  was  faint,  and  confidence  was  gone. 

We  met  these  unhappy  conditions  vigorously,  effectively, 
and  at  once.  We  replaced  a  Democratic  tariff  law  based 
on  free-trade  principles  and  garnished  with  sectional  pro- 
tection by  a  consistent  protective  tariff,  and  industry,  freed 
from  oppression  and  stimulated  by  the  encouragement  of 
wise  laws,  has  expanded  to  a  degree  never  before  known, 
has  conquered  new  markets,  and  has  created  a  volume  of 
exports  which  has  surpassed  imagination.  Under  the 
Dingley  tarifl  labor  has  been  fully  employed,  wages  have 

risen,  and  all  industries  have  revived  and  prospered. 
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226 


GOVERNMENT  BY  THE  PEOPLE 


i  i. 


We  firmly  established  the  gold  standard,  which  was  then 
menaced  with  destruction.  Confidence  returned  to  busi- 
ness, and  with  confidence  an  unexampled  prosperity. 

National  Credit  Reestablished.  —  For  deficient  revenues 
supplemented  by  improvident  issues  of  bonds  we  gave  the 
country  an  income  which  produced  a  large  surplus,  and 
which  enabled  us  only  four  years  after  the  Spanish  War 
had  closed  to  remove  over  $100,000,000  of  annual  war 
taxes,  reduce  the  public  debt,  and  lower  the  interest  charges 
of  the  government. 

The  public  credit,  which  had  been  so  lowered  that  in 
time  of  peace  a  Democratic  administration  made  large 
loans  at  extravagant  rates  of  interest  in  order  to  pay  current 
expenditures,  rose  under  Republican  administration  to 
its  highest  point,  and  enabled  us  to  borrow  at  two  per 
cent,  even  in  time  of  war. 

Wise  Foreign  Policies.  —  We  refused  to  palter  longer 
with  the  miseries  of  Cuba.  We  fought  a  quick  and  victorious 
war  with  Spain.  We  set  Cuba  free,  governed  the  island  for 
three  years,  and  then  gave  it  to  the  Cuban  people  with  order 
restored,  with  ample  revenues,  with  education  and  public 
health  established,  free  from  debt,  and  connected  with  the 
United  States  by  wise  provisions  for  our  mutual  interests. 

We  have  organized  the  government  of  Porto  Rico,  and 
its  people  now  enjoy  peace,  freedom,  order,  and  pros- 
perity. 

In   the   Philippines   we    have    suppressed   insurrection, 
established  order,  and  given  to  life  and  property  a  secuntv 
never  known  there  before.     We  have  organized  civil  gover. 
ment,  made  it  effective  and  strong  in  administration,  and 


NATIONAL  PARTY  PLATFORMS  OF  1904       227 


have  conferred  upon  the  people  of  those  islands  the  largest 
civil  liberty  they  have  ever  enjoyed.  By  our  possession 
of  the  Philippines  we  were  enabled  to  take  prompt  and 
effective  action  in  the  relief  of  the  legations  at  Peking  and 
a  decisive  part  in  preventing  the  partition  and  preserving 
the  integrity  of  China. 

The  possession  of  a  route  for  an  isthmian  canal,  so  long 
the  dream  of  American  statesmanship,  is  now  an  accom- 
plished fact.  The  great  work  of  connecting  the  Pacific 
and  Atlantic  by  a  canal  is  at  last  begun,  and  it  is  due  to  the 
Republican  party. 

Domestic  Problems  Met.  —  We  have  passed  laws  which 
will  bring  the  arid  lands  of  the  United  States  within  the 
area  of  cultivation.  We  have  reorganized  the  army  and 
put  it  in  the  highest  state  of  efficiency.  We  have  passed 
laws  for  the  improvement  and  support  of  the  militia.  We 
have  pushed  forward  the  building  of  the  navy,  the  defence 
and  protection  of  our  honor  and  our  interests.  Our  ad- 
ministration of  the  great  departments  of  the  government 
has  been  honest  and  efficient,  and  wherever  wrongdoing 
has  been  discovered,  the  Republican  administration  has  not 
hesitated  to  probe  the  evil  and  bring  the  offenders  to  justice 
without  regard  to  art  or  political  ties. 

Laws  enacted  by  the  Republican  party  which  the  Demo- 
cratic party  failed  to  enforce,  and  which  were  intended  for 
the  protection  of  the  public  against  the  unjust  discrimina- 
tion or  the  illegal  encroachment  of  vast  aggregations  of 
capital,  have  been  fearlessly  enforced  by  a  Republican 
President,  and  new  laws  insuring  reasonable  publicity  as 
to  the  operations  of  great  corporations  and  providing  addi- 


I?. 

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V 


228 


GOVERNMENT  BY  THE  PEOPLE 


1.. 


tional  remedies  for  the  prevention  of  discrimination   in 
freight  rates  have  been  passed  by  a  Republican  Congress. 

Party  Pledges,  Protection.  —  In  this  record  of  achieve- 
ment during  the  last  eight  years  may  be  read  the  pledges 
which  the  Republican  party  has  fulfilled.  We  promise 
to  continue  these  policies  and  we  declare  our  constant 
adherence  to  the  following  principles:  — 

Protection,  which  guards  and  develops  our  industries, 
is  a  cardinal  policy  of  the  Republican  party.  The  measure 
of  protection  should  always  at  least  equal  the  difference 
in  the  cost  of  production  at  home  and  abroad.  We  insist 
upon  the  maintenance  of  the  principles  of  protection,  and 
therefore  rates  of  duty  should  be  readjusted  only  when 
conditions  have  so  changed  that  the  public  interest  demands 
their  alteration,  but  this  work  cannot  safely  be  committed 
to  any  other  hands  than  those  of  the  Republican  party. 
To  intrust  it  to  the  Democratic  party  is  to  invite  disaster. 

Whether,  as  in  1892,  the  Democratic  party  declared  the 
protective  tariff  unconstitutional,  or  whether  it  demands 
tariff  reform  or  tariff  revision,  its  real  object  is  always  the 
destruction  of  the  protective  system.  However  specious 
the  name,  the  purpose  is  ever  the  same.  A  Democratic 
tariff  has  always  been  followed  by  business  adversity; 
a  Republican  tariff  by  business  prosperity.  To  a  Republi- 
can Congress  and  a  Republican  President  this  great  question 
can  be  safely  intrusted.  When  the  only  free  trade  country 
among  the  great  nations  agitates  a  return  to  protection,  the 
chief  protective  country  should  not  falter  in  maintaining  it. 
Reciprocity.  —  We  have  extended  widely  our  foreign 
markets,  and  we  believe  in  the  adoption  of  all  practicable 


NATIONAL   PARTY  PLATFORMS  OF  1904       229 


methods  for  their  further  extension,  including  commercial 
reciprocity  wherever  reciprocal  arrangements  can  be  ef- 
fected consistent  with  the  principles  of  protection,  and 
without  injury  to  American  agriculture,  American  labor, 
or  any  American  industry. 

Gold  Standard.  —  We  believe  it  to  be  the  duty  of  the 
Republican  party  to  uphold  the  gold  standard  and  the 
integrity  and  value  of  our  national  currency.  The  main- 
tenance of  the  gold  standard,  established  by  the  Republican 
party,  cannot  safely  be  committed  to  the  Democratic  party, 
which  resisted  its  adoption,  and  has  never  given  any  proof 
since  that  time  of  belief  in  it  or  fidelity  to  it. 

Shipping,  Navy.  —  While  e'cry  other  industry  has  pros- 
pered under  the  fostering  aid  of  Republican  legislation, 
American  shipping  engaged  in  foreign  trade,  in  competition 
with  the  low  cost  of  construction,  low  wages,  and  heavy 
subsidies  of  foreign  governments,  has  not  for  many  years 
received  from  the  government  of  the  United  States  adequate 
encouragement  of  any  kind.  We  thf  rctore  favor  legislation 
which  will  encourage  and  build  up  the  American  merchant 
marine,  and  we  cordially  approve  tiie  legislation  of  the 
last  Congress,  which  created  the  Merchant  Marine  Com- 
mission to  investigate  and  report  upon  this  subject. 

A  navy  powerful  enough  to  defend  the  United  States 
against  any  attack,  to  uphold  the  Monroe  Doctrine,  and  to 
watch  over  our  commerce  is  essential  to  the  safety  and  the 
welfare  of  the  American  people.  To  maintain  such  a  navy 
is  the  fixed  policy  of  the  Republican  party. 

We  cordially  approve  the  attitude  of  President  Roosevelt 
and  Congress  in  regard  to  the  exclusion  of  Chinese  labor 


•1' 


230 


GOVERNMENT  BY  THE  PEOPLE 


' 


and  promise  a  continuance  of  the  Republican  policy  in  that 
direction. 

Civil  Service,  Pensioiu. — The  Civil  Service  law  was 
placed  on  the  statute  books  by  the  Republican  party, 
which  has  always  sustained  it,  and  we  renew  our  former 
declarations  that  it  shall  be  thoroughly  and  honestly  en- 
forced. 

We  are  always  mindful  of  the  country's  debt  to  the 
soldiers  and  sailors  of  the  United  States,  and  we  believe  in 
making  ample  provision  for  them  and  in  the  liberal  ad- 
ministration of  the  pension  laws. 

We  favor  the  peaceful  settlement  of  international  differ- 
ences by  arbitration. 

Rights  Abroad.  —  We  commend  the  vigorous  efforts 
made  by  the  administration  to  protect  American  citizens 
in  foreign  lands,  and  pledge  ourselves  to  insist  upon  the 
just  and  equal  protection  of  all  our  citizens  abroad.  It 
is  the  unquestioned  duty  of  the  government  to  procure 
for  all  our  citizens,  without  distinction,  the  rights  to  travel 
and  sojourn  in  friendly  countries,  and  we  declare  ourselves 
in  favor  of  all  proper  efforts  tending  to  that  end.  Our 
great  interests  and  our  growing  commerce  in  the  Orient 
render  the  condition  of  China  of  high  importance  to  the 
United  States.  We  cordially  commend  the  policy  pursued 
"n  that  direction  by  the  administrations  of  President  Mc- 
Kinley  and  President  Roosevelt. 

Disfranchisement.  —  We  favor  such  Congressional  action 
as  shall  determine  whether  by  special  discriminations 
the  elective  franchise  in  any  State  has  been  unconstitu- 
tionally limited,  and  if  such  is  the  case,  we  demand  that 


NATIONAL  PARTY  PLATFORMS  OF  1904       231 


representation  in  Congress  and  in  the  electoral  Colleges 
shall  be  proportionally  reduced  as  directed  by  the  Con- 
stitution of  the  United  States. 

Trusts.  —  Combinations  of  capital  and  of  labor  are  the 
results  of  the  economic  movement  of  the  age,  but  neither 
must  be  permitted  to  infringe  upon  the  rights  and  interests 
of  the  people.  Such  combinations,  when  lawfully  formed 
for  lawful  purposes,  are  alike  entitled  to  the  protection 
of  the  laws,  but  both  are  subject  to  the  laws,  and  neither 
can  be  permitted  to  break  them. 

McKinley  and  Roosevelt.  —The  great  statesman  and 
patriotic  American,  William  McKinley,  who  was  reelected 
by  the  Republican  party  to  the  Presidency  four  years  ago, 
was  assassinated  just  at  the  threshold  of  his  second  term. 
The  entire  nation  mourned  his  untimely  death,  and  did  that 
justice  to  his  great  qualities  of  mind  and  character  which 
history  will  confirm  and  repeat. 

The  American  people  were  fortunate  in  his  successor, 
to  whom  they  turned  with  a  trust  and  confidence  which 
have  been  fully  justified.  President  Roosevelt  brought 
to  the  great  responsibilities  thus  sadly  forced  upon  him 
a  clear  head,  a  brave  heart,  an  earnest  patriotism,  and  high 
ideals  of  public  duty  and  public  service.  True  to  the  prin- 
ciples of  the  Republican  party  and  to  the  policies  which 
that  party  had  declared,  he  has  also  shown  himself  ready 
for  every  emergency,  and  has  met  new  and  vital  questions 
with  ability  and  with  success. 

The  confidence  of  the  people  in  his  justice,  inspired  by 
his  public  career,  enabled  him  to  render  personally  an 
inestimable  service  to  the  country  by  bringing  about  a 


I  ! 


I    ,     : 


232 


GOVERNMENT  BY  THE  PEOPLE 


f-  I 


i^ 


I  'i 


14 


settlement  of  the  coal  strike,  which  threatened  such  dis- 
astrous results  at  the  opening  of  winter  in  1902. 

The  Roosevelt  Administration.  —  Our  foreign  policy 
under  his  administration  has  not  only  been  able,  vigorous, 
and  dignified,  but  in  the  highest  degree  successful.  The 
complicated  questions  which  arose  in  Venezuela  were  set- 
tled in  such  a  way  by  President  Roosevelt  that  the  Monroe 
Doctrine  was  signally  vindicated,  and  the  cause  of  peace 
and  arbitration  greatly  advanced. 

His  prompt  and  vigorous  action  in  Panama,  which  we 
commend  in  the  highest  terms,  not  only  secured  to  us  the 
canal  route,  but  avoided  foreign  complications  which  might 
have  been  of  a  very  serious  character. 

He  has  continued  the  policy  of  President  McKinley  in 
the  Orient,  and  our  position  in  China,  signalized  by  our 
recent  commercial  treaty  with  that  empire,  has  never  been 
so  high. 

He  secured  the  tribunal  by  which  the  vexed  and  perilous 
question  of  the  Alaskan  boundary  was  finally  settled. 

Whenever  crimes  against  humanity  have  been  perpetrated 
which  have  shocked  our  people,  his  protest  has  been  made 
and  our  good  offices  have  been  tendered,  but  always  with 
due  regard  to  international  obligations. 

Under  his  guidance  we  find  ourselves  at  peace  with  all 
the  world,  and  never  were  we  more  respected  or  our  wishes 
more  regarded  by  foreign  nations. 

Preeminently  successful  in  regard  to  our  foreign  rela- 
tions, he  has  been  equally  fortunate  in  dealing  with  domestic 
questions.  The  country  has  known  that  the  public  credit 
and  the  national  currency  were  absolutely  safe  in  the  hands 


NATIONAL  PARTY  PLATFORMS  OF   1904       233 


of  his  administration.  In  the  enforcement  of  the  laws 
he  has  shown  not  only  courage,  but  the  wisdom  which 
understands  that  to  permit  laws  to  be  violated  or  disre- 
garded opens  the  door  to  anarchy,  while  the  just  enforce- 
ment of  the  law  is  the  soundest  conservatism.  He  has 
held  firmly  to  the  fundamental  American  doctrine  that  all 
men  must  obey  the  law;  that  there  must  be  no  distinction 
between  rich  and  poor,  between  strong  and  weak;  but 
that  justice  and  equal  protection  under  the  law  must  be 
secured  to  every  citizen  without  regard  to  race,  creed,  or 
condition. 

His  administration  has  been  throughout  vigorous  and 
honorable,  high  minded  and  patriotic.  We  commend  it 
without  reservation  to  the  considerate  judgment  of  the 
American  people. 

The  Democratic  Platform 

Fundamental  Principles.  — The  Democratic  party  of  the 
United  States,  in  national  convention  assembled,  declares  its 
devotion  to  the  essential  principles  of  the  Democratic  faith 
which  brings  us  together  in  party  communion. 

Under  them,  local  self-government  and  national  unity 
and  prosperity  were  alike  established.  They  underlaid  our 
independence,  the  structure  of  our  free  Republic,  and  every 
Democratic  extension  from  Louisiana  to  California  and 
Texas  to  Oregon,  which  preserved  faithfully  in  all  the  States 
the  tie  between  taxation  and  representation.  They  yet  in- 
spire the  masses  of  our  people,  guarding  jealously  their 
rights  and  liberties  and  cherishing  their  fraternity,  peace, 
and  orderly  development. 


'*i 


234 


GOVERNMENT  BY  THE  PEOPLE 


1' 


They  remind  us  of  our  duties  and  responsibilities  as  citi- 
zens and   impress  upon  us,  particularly  at  thi:.  time,  the 
necessity  of  reform  and  the  rescue  of  the  administration  of 
government  from  the  headstrong,  arbitrary,  and  spasmodic 
methods,  which  distract  bus'ness   by  uncertainty,  and  per- 
vade the  t>ublic  mind  with  dread,  distrust,  and  perturbation. 
The  application  of  these  fundamental  principles  to  the 
living  issues  of  the  day  is  the  first  step  toward  the  assured 
peace,  safety,  and  progress  of  our  nation.    Freedom  oi 
the  press,  of  conscience,  and  of  speech;  equality  before  the 
law  of  all  citizens;   the  right  to  trial  by  jury;    freedom  of 
the  person  defended  by  the  writ  of  habeas  corpus;   liberty 
of  personal  contract  untrammelled  by  sumptuary  laws; 
supremacy  of  the  civil  over  military  authority;  a  well- 
disciplined  militia;  the  separation  of  Church   and  State; 
economies  in  expenditures;   low  taxes,  that  labor  may  be 
lightly  burdened;   prompt  and  sacred  fulfilment  of  public 
and  private  obligations;    fidelity  to  treaties;    peace  and 
friendship  with  all  nations,  entangling  alliances  with  none; 
absolute  acquiescence  in  the  will  of  the  majority,  the  vital 
principle  of  republics  —  these  are  doctrines  which  Democ- 
racy has.  established  as  proverbs  of  the  nation,  and  they 
should  be  constantly  invoked  and  enforced. 

Capital  and  Labor.  —  We  favor  the  enactment  and  ad- 
ministration of  laws  giving  labor  and  capital  impartially 
their  just  rights.  Capital  and  labor  ought  not  to  be  enemies. 
Each  is  necessary  to  the  other.  Each  has  its  rights,  but 
the  rights  of  labor  are  certainly  no  less  "vested,"  no  less 
"sacred,"  and  no  less  "inaUenable"  than  the  rights  of 
capital. 


NATIONAL  PARTY  PLATFORMS  OF   1904       235 


Conitittttioiial  Guarantees.  —  Constitutional  guarantees 
are  violated  whenever  any  citizen  is  denied  the  right  to 
labor,  acquire  and  enjoy  property,  or  reside  where  interest 
or  inclination  may  determine.  Any  denial  thereof  by 
individuals,  organizations,  or  governments  should  be  sum- 
marily rebuked  and  punished. 

We  deny  the  right  of  any  executive  to  disregard  or  sus- 
pend any  Constitutional  privilege  or  liriitation.  Obedience 
to  the  laws  and  respect  for  their  requirements  are  alike  the 
supreme  duty  of  the  citizen  and  the  official. 

The  military  should  be  used  only  to  support  and  maintain 
the  law.  We  unqualifiedly  condemn  its  employment  for 
the  summary  banishment  of  citizens  without  trial  or  for 
the  control  of  elections.  We  approve  the  measure  which 
passed  the  United  States  Senate  in  1896,  but  which  a 
Republican  Congress  has  ever  since  refused  to  enact,  re- 
lating to  contempts  in  Federal  Courts  and  providing  fr- 
trial  by  jury  in  cases  of  indirect  contempt. 

Waterways.  —  We  favor  liberal  appropriations  for  the 
care  and  improvement  of  the  waterways  of  the  country. 
When  any  waterway  like  the  Mississippi  River  is  of  suffi- 
cient importance  to  demand  special  aid  of  the  government, 
such  aid  should  be  extended  with  a  definite  plan  of  continu- 
ous work  until  permanent  improvement  is  secured. 

We  oppose  the  Republican  policy  of  starving  home 
development  in  order  to  feed  the  greed  for  conquest  and 
the  appetite  for  national "  prestige  "  and  display  of  strength. 

Economy  of  Administration.  —  Large  reductions  can 
easily  be  made  in  the  annual  expenditures  of  the  govern- 
ment without  impairing  the  efficiency  of  any  branch  of  the 


236 


GOVERNMENT  BY  THE  PEOPLE 


! 


w 


public  service,  and  we  shall  insist  upon  the  strictest  economy 
and  frugality  compatible  with  vigorous  and  efficient  civil, 
military,  and  naval  administration  as  a  right  of  the  people 
too  clear  to  be  denied  or  withheld. 

We  favor  the  enforcement  of  honesty  in  the  public  service, 
and  to  that  end  a  thorough  legislative  investigation  of  those 
executive  departments  of  the  government  already  known 
to  teem  with  corruption  as  well  as  other  departments  sus- 
pected of  harboring  corruption,  and  the  punishment  of 
ascertained  corruptionists  without  fear  or  favor  or  regard 
to  persons.  The  persistent  and  deliberate  refusal  of  both 
Senate  and  House  of  Representatives  to  permif  such  in- 
vestigation to  be  made  demon  ates  that  only  by  a  change 
in  the  executive  and  in  the  legislative  departments 
-^  t  complete  exposure,  punishment,  ana  correction  be 
obtained. 

Federal  Govermnent  and  Trusts. —  We  condemn  the 
action  of  the  Republican  party  in  Congress  in  refusing  to 
prohibit  an  executive  department  from  entering  into  con- 
tracts with  convicted  trusts  or  unlawful  combinations  in 
restraint  of  interstate  trade.  We  believe  that  one  of  the 
best  methods  of  procuring  economy  and  honesty  in  the  public 
service  is  to  have  public  officials,  from  the  occupant  of 
the  White  House  down  to  the  lowest  of  them,  return  as 
neariy  as  may  be  to  Jeffersonian  simplicity  of  living. 

Executive  Usurpation.  —  We  favor  the  nomination  and 
election  of  a  President  imbued  with  the  principles  of  the 
Constitution,  who  will  set  his  face  sternly  against  executive 
usurpation  of  legislative  and  judicial  functions,  whether 
that  usurpation  be  veiled  under  the  guise  of  executive  con- 


NATIONAL  PARTY  PLATFORMS  OF  1904       237 

struction  of  existing  laws  or  whether  it  take  refuge  in  the 
tyrant's  plea  of  necessity  or  superior  wisdom. 

Imperialism.  —  We  favor  the  preservation,  so  far  as  we 
can,  of  the  open  door  for  the  world's  commerce  in  the  Orient, 
without  an  unnecessary  entanglement  in  Oriental  and 
European  affairs  and  without  arbitrary,  unlimited,  irre- 
sponsible, and  absolute  government  anywhere  within  our 
jvuisdiction. 

We  oppose,  as  fervently  as  did  George  Washington  him- 
self, an  indefinite,  irresponsible,  discretionary,  and  vague 
absolutism  and  a  policy  of  colonial  exploitation,  no  matter 
where  or  by  whom  invoked  or  exercised.  We  believe  with 
Thomas  Jefferson  and  John  Adams  that  no  government 
has  a  right  to  make  one  set  of  laws  for  those  "  at  home " 
and  another  and  a  different  set  of  laws,  absolute  in  their 
character,  for  those  "in  the  colonies."  All  men  under 
the  American  flag  are  entitled  to  the  protection  of  the  in- 
stitutions whose  emblem  the  flag  is.  If  they  are  inherently 
unfit  for  these  institutions,  then  they  are  inherently  unfit 
to  be  members  of  the  American  body  politic. 

Wherever  there  may  exist  a  people  incapable  of  being 
governed  under  American  laws,  in  consonance  with  the 
American  Constitution,  the  territory  of  that  people  ought 
not  to  be  part  of  the  American  domain.  We  insist  that  we 
ought  to  do  for  the  Filipinos  what  we  have  already  done 
for  the  Cubans,  and  it  is  our  duty  to  make  that  promise 
now,  and  upon  suitable  guarantees  of  protection  to  citizens 
of  our  own  and  other  countries  resident  there  at  the  time 
of  our  withdrawal,  set  the  Filipino  people  upon  their  feet, 
free  and  independent  to  work  out  their  own  destiny. 


238 


GOVERNMENT  BY  THE  PEOPLE 


I 


!« 


The  endeavor  of  the  Secretary  of  War  by  pledging  the 
government's  indorsement  for  "  promoters  "  in  the  Philippine 
Islands  to  make  the  United  States  a  partner  in  speculative 
legislation  of  the  archipelago,  which  was  only  temporarily 
held  up  by  the  opposition  of  the  Democratic  Senators  in 
the  last  session,  will,  if  successful,  lead  to  entanglements 
from  which  it  will  be  difficult  to  escape. 

The  Tariff.  — The  Democratic  party  has  been  and  will 
continue  to  be  the  consistent  opponent  of  that  class  of  tariff 
legislation  by  which  certain  interests  have  been  permitted 
through  Congressional  favor  to  draw  heavy  tribute  from 
the  American  people.  This  monstrous  perversion  of  those 
equal  opportunities  which  our  political  institutions  were 
established  to  secure  has  caused  what  may  once  have  been 
infant  industries  to  become  the  greatest  combinations  of 
capital  that  the  world  has  ever  known.  These  especial 
favorites  of  the  government  have,  through  trust  methods, 
been  converted  into  monopolies,  thus  bringing  to  an  end 
domestic  competition  which  was  the  only  alleged  check 
upon  the  extravagant  profits  made  possible  by  the  protective 
system.  These  industrial  combinations,  by  the  financial 
assistance  they  can  give,  now  control  the  policy  of  the  Re- 
publican party.  We  denounce  protection  as  a  robbery  of 
the  many  to  enrich  the  few,  and  we  favor  a  tariff  limited 
to  the  needs  of  the  government,  economically  administered 
and  so  levied  as  not  to  discriminate  against  any  industrj', 
class,  or  section,  to  the  end  that  the  burdens  of  taxation  shall 
be  distributed  as  equally  as  possible. 

We  favor  a  revision  and  a  gradual  reduction  of  the  tariff 
by  the  friends  of  the  masses  and  for  the  commonweal,  and 


k 


NATIONAL  PARTY  PLATFORMS  OF  1904       239 


not  by  the  friends  of  its  abuses,  its  extortions,  and  its  dis- 
criminations, keeping  in  view  the  ultimate  ends  of  "  equality 
of  burdens  and  equality  of  opportunities  "  and  the  Con- 
stitutional piu^wse  of  raising  a  revenue  by  taxation — to  wit. 
the  support  of  the  Federal  government  in  all  Its  integrity 
and  virility,  but  in  simplicity. 

Trusts  and  Combinations.  —  We  recognize  that  the  gi- 
gantic trusts  and  combinations  designed  to  enable  capital 
to  secure  more  than  its  just  share  of  the  joint  products  of  cap- 
ital and  labor,  and  which  have  been  fostered  and  promoted 
under  Republican  rule,  are  a  menace  to  beneficial  com- 
petition and  an  obstacle  to  permanent  business  prosperity. 
A  private  monopoly  is  indefensible  and  intolerable.  In- 
dividual equality  of  opportunity  and  free  competition  are 
essential  to  a  healthy  and  permanent  commercial  prosperity, 
and  any  trust,  combination,  or  monopoly  tending  to  destroy 
these,  by  controlling  production,  restricting  competition, 
or  fixing  prices,  should  be  prohibited  and  punished  by  law. 
We  especially  denounce  rebates  and  discrimination  by 
transportation  companies. 

As  the  most  potent  agency  in  promoting  and  strengthen- 
ing these  unlawful  conspiracies  against  trade,  we  demand 
an  enlargement  of  the  powers  of  the  Interstate  Commission 
to  the  end  that  the  travelling  public  and  shippers  of  this 
country  may  have  prompt  and  adequate  relief  for  the  abuses 
to  which  they  are  subjected  in  the  matter  of  transportation. 
We  demand  a  strict  enforcement  of  existing  civil  and 
criminal  statutes  against  all  such  trusts,  combinations,  and 
monopolies,  and  we  demand  the  enactment  of  such  further 
legislation  as  may  be  necessary  to  effectually  suppress  them. 


>  H 


240  GOVERNMENT  BY  THE  PEOPLE 


M 


m 


Any  trust  or  unlawful  combination  engaged  in  interstate 
commerce  which  is  monopolizing  any  branch  of  business 
or  production  should  not  be  permitted  to  transact  business 
outside  of  the  State  of  its  origin.  Whenever  it  shall  be 
established  in  any  court  of  competent  jurisdiction  that  such 
monopolization  exists,  such  prohibition  should  be  enforced 
through  comprehensive  laws  to  be  enacted  on  the  subject. 

Reclamation  of  Arid  Lands.  — We  congratulate  our 
Western  citizens  upon  the  passage  of  the  Newlands  Irriga- 
tion Act  for  the  irrigation  and  reclamation  of  the  arid  lands 
at  the  West,  a  measure  framed  by  a  Democrat,  passed  in 
the  Senate  by  a  non-partisan  vote  and  passed  in  the  House 
against  the  opposition  of  almost  all  the  Republican  leaders 
by  a  vote  the  majority  of  which  was  Democratic. 

We  call  attention  to  this  great  Democratic  measure, 
broad  and  comprehensive  as  it  is,  working  automatically 
throughout  all  time,  without  further  action  of  Congress, 
until  the  reclamation  of  all  the  land  in  the  arid  West  capable 
of  reclamation  is  accomplished,  reserving  the  lands  re- 
claimed for  homeseekers  in  small  tracts,  and  rigidly  guard- 
ing against  land  monopoly,  as  an  evidence  of  the  policy 
of  domestic  development  contemplated  by  the  Democratic 
party,  should  it  be  placed  in  power. 

Isthmian  Canal.  — The  Democracy  when  intrusted  with 
power  will  construct  the  Panama  Canal  speedily,  honestly, 
and  economically,  thereby  giving  to  our  people  what  Demo- 
crats have  always  contended  for  —  a  great  interoceanic 
canal,  furnishing  shorter  and  cheaper  lines  of  transporta- 
tion and  broader  and  less  trammelled  trade  relations  with 
the  other  peoples  of  the  world. 


NATIONAL  PARTY  PLATFORMS  OF  1904       241 


American  Citizenship.  —  We  pledge  ourselves  to  insist 
upon  the  just  and  lawful  protection  of  our  citizens  at 
home  and  abroad  and  to  use  all  proper  measures  to 
secure  for  them,  whether  native  bom  or  naturalized 
and  without  distinction  of  race  or  creed,  the  equal  pro- 
tection of  laws  and  the  enjoyment  of  all  rights  and  privi- 
leges open  to  them  under  the  covenants  of  our  treaties  of 
friendship  and  commerce,  and  if  under  existing  treaties 
the  right  of  travel  and  sojourn  is  denied  the  American 
citizen,  or  recognition  is  withheld  from  American  pass- 
ports by  any  countries  on  the  ground  of  race  or  creed, 
we  favor  the  beginning  of  negotiations  with  the  govern- 
ments of  such  countries  to  secure  by  treaties  the  removal 
of  these  unjust  discriminations. 

We  demand  that  all  over  the  world  a  duly  authenticated 
passport  issued  by  the  government  of  the  United  States  to 
an  American  citizen  shall  be  proof  of  the  fact  that  he  is  an 
American  citizen  and  shall  entitle  him  to  the  treatment  due 
him  as  such. 

Election  of  Senators.  —  We  favor  the  election  of  United 
States  Senators  by  the  direct  vote  of  the  people. 

Statehood  for  Territories.  —  We  favor  the  admission  of 
the  Territories  of  Oklahoma  and  the  Indian  Territory. 
We  also  favor  the  immediate  admission  of  Arizona  and 
New  Mexico  as  separate  States,  and  a  Territorial  govern- 
ment for  Alaska  and  Porto  Rico.  We  hold  that  the  ofl&cials 
appointed  to  administer  the  government  of  any  Territory 
as  well  as  the  district  of  Alaska  should  be  bona  fide  residents 
at  the  time  of  their  appointment  for  the  Territory  or  district 
in  which  their  duties  are  to  be  performed. 


I 


•t. 


242 


GOVERNMENT  BY  THE  PEOPLE 


I 


b  i 


^' 


Polygamy.  —  We  demand  the  extermination  of  polygamy 
within  the  jurisdiction  of  the  United  States  and  the  com- 
plete separation  of  Church  and  State  in  political  affairs. 

Merchant  Marine.  —  We  denounce  the  ship  subsidy  bill 
recently  passed  by  the  United  States  Senate  as  an  iniquitous 
appropriation  of  public  funds  for  private  purposes  and  a 
wasteful,  illogical,  and  useless  attempt  to  overcome  by 
subsidy  the  obstructions  raised  by  Republican  legislation 
to  the  growth  and  development  of  American  commerce  on 
the  sea.  We  favor  the  upbuilding  of  a  merchant  marine 
without  new  or  additional  burdens  upon  the  people  and 
without  bounties  from  the  public  treasury. 

Reciprocity.  —  We  favor  liberal  trade  arrangements  with 
Canada  and  with  peoples  of  other  countries  where  they  can 
be  entered  into  with  benefit  to  American  agriculture,  manu- 
factures, mining,  or  commerce. 

Monroe  Doctrine.  —  We  favor  the  maintenance  of  the 
Monroe  Doctrine  in  its  full  integrity. 

Army,  Pensions.  —  We  favor  the  reduction  of  the  army  and 
of  army  expenditure  to  a  point  historically  demonstrated  to 
be  safe  and  sufficient. 

The  Democracy  would  secure  to  the  surviving  soldiers 
and  sailors  and  their  dependants  generous  pensions,  not  by 
an  arbitrary  executive  order,  but  by  legislation  which  a 
grateful  people  stand  ready  to  enact. 

Our  soldiers  and  sailors  who  defend  with  their  lives  the 
Constitution  and  the  laws  have  a  sacred  interest  in  their 
just  administration.  They  must  therefore  share  with  us 
the  humiliation  with  which  we  have  witnessed  the  exalta- 
tion of  court  favorites,  without  distinguished  service,  over 


NATIONAL  PARTY  PLATFORMS  OF  1904      243 

the  scarred  heroes  of  many  battles,  or  their  aggrandizement 
by  executive  appropriation  out  of  the  treasuries  of  a  prostrate 
people  in  violation  of  the  act  of  Congress  which  fixed  the 
compensation  of  allowances  of  the  military  officers. 

Civil  Service.  —The  Democratic  party  stands  committed 
to  the  principles  of  Civil  Service  Reform  and  we  demand 
their  honest,  just,  and  impartial  enforcement.  We  denounce 
the  Republican  party  for  its  continued  and  sinister  encroach- 
ments upon  the  spirit  and  operation  of  Civil  Service  rules, 
whereby  it  has  arbitrarily  dispensed  with  examinations 
for  office  in  the  interests  of  favorites  and  employed  all 
manner  of  devices  to  overreach  and  set  aside  the  principles 
upon  which  Civil  Service  was  established. 

Race  Question. — The  race  question  has  brought  count- 
less woes  to  this  country.  The  calm  wisdom  of  the  Ameri- 
can people  should  see  to  it  that  it  brings  no  more. 

To  revive  the  dead  and  hateful  race  and  sectional  ani- 
mosities in  any  part  of  our  common  country  means  con- 
fusion, distraction  of  business,  and  the  reopening  of  wounds 
now  happily  healed. 

North  and  South,  East  and  West  have  but  recently  stood 
together  in  line  of  battle  from  the  walls  of  Peking  to  the 
hills  of  Santiago,  and  as  sharers  of  a  common  glory  and 
a  coDMnon  destiny  we  should  share  fraternally  the  common 
burdens. 

We  therefore  deprecate  and  condemn  the  Bourbonlike, 
selfish,  and  narrow  spirit  of  the  recent  Republican  Con- 
vention at  Chicago,  which  sought  to  kindle  anew  the  embers 
of  racial  and  sectional  strife,  and  we  appeal  from  it  to  the 
sober  common  sense  and  spirit  of  the  American  people. 


ft 


244 


GOVERNMENT  BY  THE  PEOPLE 


\" 


The  Repttbttcan  Administntion.  —The  existing  Republi- 
can Administration  has  been  spasmodic,  erratic,  sensational, 
spectacular,  and  arbitrary.  It  has  made  itself  a  satire  upon 
the  Congress,  the  courts,  and  upon  the  settled  practices  and 
usages  of  national  and  international  law. 

It  summoned  the  Congress  into  hasty  and  futile  extra 
session  and  virtually  adjourned  it,  leaving  behind  its  flight 
from  Washington  uncalled  calendars  and  unaccomplished 

tasks. 

It  made  war,  which  is  the  sole  power  of  Congress,  without 
its  authority,  thereby  \isurping  one  of  its  fundamental 
prerogatives. 

It  violated  a  plain  statute  of  the  United  States,  as 
well  as  plain  treaty  obligations,  international  usages, 
and  Constitutional  law,  and  has  done  so  under  pretence 
of  executing  a  great  public  policy  which  could  have  been 
more  easily  effected  lawfully,  constitutionally,  and  with 

honor. 

It  forced  strained  and  unnatvural  constructions  upon 
statutes,  usurping  judicial  interpretations  and  substituting 
decree  for  Congressional  enactment. 

It  withdrew  from  Congress  their  customary  duties  of 
investigation  which  have  heretofore  made  the  representatives 
of  the  people  and  the  States  the  terror  of  evil-doers. 

It  conducted  a  secretive  investigation  of  its  own  and 
boasted  of  a  few  sample  convictions,  while  it  threw  a  broad 
coverlet  over  the  bureaus  which  had  been  their  chosen 
field  of  operative  abuses  and  kept  in  power  the  superior 
officers  under  whose  administration  the  crimes  had  been 
committed. 


II' 


NATIONAL  PARTY  PLATFORMS  OF  1904       245 

It  ordered  assaults  upon  some  monopolies,  but,  paralyzed 
by  its  first  victory,  it  flung  out  the  flag  of  truce  and  cried 
out  that  it  would  not  "  run  amuck,"  leaving  its  future  pur- 
poses beclouded  by  its  vacillations. 

Conducting  the  campaign  upon  this  declaration  of  our 
principles  and  purposes,  we  invoke  for  our  candidates  the 
support  not  only  of  our  great  and  time-honored  organiza- 
tion, but  also  the  active  assistance  of  all  of  our  fellow-citizens, 
who,  disregarding  past  differences,  desire  the  perpetuation  of 
our  Constitutional  government  as  framed  and  establisued 
by  the  fathers  of  the  Republic. 


The  Prohibition  Platform 

The  Paiamount  Issue. — The  widely  prevailing  system 
of  the  licensed  and  legalized  sale  of  alcoholic  beverages  is 
so  ruinous  to  individual  interests,  so  inimical  to  public 
welfare,  so  destructive  to  national  wealth,  and  so  sub- 
versive to  the  rights  of  great  masses  of  our  citizenship,  that 
the  destruction  of  the  traflic  is  and  for  years  has  been  the 
most  important  question  in  American  politics. 

We  denounce  the  lack  of  statesmanship  exhibited  by 
the  leaders  of  the  Democratic  and  Republican  parties  in 
their  refusal  to  recognize  the  paramount  importance  of 
this  question  and  the  cowardice  with  which  the  leaders 
of  these  parties  have  courted  the  favor  of  those  whose  selfish 
interests  are  advanced  by  the  continuation  and  augmenta- 
tion of  the  traflSc,  until  to-day  the  influence  of  the  liquor 
trafl5c  practically  dominates  national,  State,  and  local 
government  throughout  the  Nation. 


94^ 


GOVERNMENT  BY  THE  PEOPLE 


Vi 


We  declare  .at  truth,  demonstrated  by  the  experience 
of  half  a  century,  that  all  methods  of  dealing  with  the  liquor 
traffic  which  recognize  its  right  to  exist,  in  any  form,  under 
any  system  of  license,  or  tax,  or  regulation,  have  proved 
powtTless  to  remove  its  evils  and  as  useless  as  checks  on  its 
growth,  while  the  insignificant  public  revenues  which  have 
accrued  therefrom  have  seared  the  public  conscience  against 
a  recognition  of  its  iniquity. 

We  call  public  attention  to  the  fact,  proved  by  the  ex- 
perience of  more  than  fifty  years,  that  to  secure  the  enact- 
ment and  enforcement  of  prohibitory  legislation,  in  which 
alone  lies  hope  of  the  protection  of  the  people  from  the 
liquor  traffic,  it  is  necessary  that  the  legislative,  executive, 
and  judicial  branches  of  the  government  should  be  in  the 
hands  of  a  political  party  in  harmony  with  the  prohibition 
principle  and  pledged  to  its  embodiment  in  laws  and  to 
the  execution  of  those  laws. 

We  pledge  the  Prohibition  party,  wherever  given  power 
by  the  suffrage  of  the  people,  to  the  enactment  and  enforce- 
ment of  laws  prohibiting  and  abolishing  the  manufac- 
ture, importation,  transportation,  and  sale  of  alcoholic 
beverages. 

We  declare  that  there  k  not  only  no  other  issue  of  equal 
importance  before  the  American  people  to-day,  but  that 
the  so-called  issues  on  which  the  Democratic  and  Republi- 
can parties  seek  to  divide  the  electorate  of  the  country  are 
in  large  part  subterfuges  under  the  cover  of  which  they 
wrangle  for  the  spoils  of  office. 

Other  Declaiatioiis  of  Policy.  —  Recognizing  that  the 
intelligent  voters  of  the  country  may  properly  ask  our  atti- 


NATIONAL  PARTY  PLATFORMS  OF   1904       247 

tude  on  other  questions  of  public  concern,  we  declare  our- 
selves in  favor  of:  — 
The  impartial  enforcement  of  all  law. 

The  safeguarding  of  the  people's  rights  by  a  rigid  appli- 
cation of  the  principles  of  justice  to  all  combinations  and 
organizations  of  capital  and  labor. 

A  more  intimate  relation  between  the  people  and  govern- 
ment by  a  wise  adaptation  of  the  principle  of  the  initiative 
and  referendum. 

The  safeguarding  to  every  citizen  in  every  place  under 
the  government  of  the  people  of  the  United  States  of 
all  the  rights  guaranteed  by  the  laws  and  the  Constitu- 
tion. 

International  arbitration;  and  we  declare  that  our  Nation 
should  contribute  in  every  manner,  consistent  with  national 
dignity,  to  the  permanent  establishment  of  peace  between 
all  nations. 

The  reform  of  our  divorce  laws,  the  final  extirpation  of 
polygamy,  and  the  total  overthrow  of  the  present  shameful 
system  of  illegal  sanction  of  the  social  evil  (with  its  un- 
speakable traffic  in  girls)  by  the  municipal  authorities  of 
almost  all  our  cities. 

We  declare  ourselves  in  favor  of  recognition  of  the  fact 
that  the  right  of  suffrage  should  depend  on  the  mental  and 
moral  qualification  of  the  citizens. 

We  declare  ourselves  in  favor  of  such  changes  in  our  laws 
as  will  place  tariff  schedules  in  the  hands  of  an  omnipartisan 
commission. 

We  declare  ourselves  in  favor  of  the  application  of  uni- 
form laws  for  all  our  country  and  dependencies. 


J 


348  GOVERNMENT  BY  THE  PEOPLE 

We  declare  ourselves  in  favor  of  the  extension  and  honest 
administration  of  the  Civil  Service  laws. 

We  declare  ourselves  in  favor  of  the  election  of  United 
States  Senators  by  vote  of  the  people. 


'9. 


The  Socialist-Labor  Platform 
The  Socialist-Labor  party  of  America,  in  conve- 


■nun 


assembled,  reasserts  the  inalienable  right  of  man  u    '  f.' 
liberty,  and  the  pursuit  of  happiness. 

We  hold  that  the  purpose  of  government  is  to  ure 
every  citizen  the  enjoyment  of  this  right;  but  taught  i  - 
experience  we  hold  furthermore  that  such  right  is  Uiusor^ 
to  the  majority  of  the  people,  to  wit,  the  working  class,  urn  < . 
the  present  system  of  economic  inequality  that  is  essentially 
destructive  of  their  life,  their  liberty,  and  their  happiness. 

We  hold  that  the  true  theory  of  politics  is  that  the  machin- 
ery of  government  must  be  controlled  by  the  whole  people; 
but  again  taught  by  experience  we  hold  furthermore  that 
the  true  theory  of  economics  is  that  the  means  of  production 
must  likewise  be  owned,  operated,  and  controlled  by  the 
people  in  conunon.  Man  cannot  exercise  his  right  of  life, 
liberty,  and  the  pursuit  of  happiness  without  the  ownership 
of  the  land  and  the  took  with  which  to  work.  Deprived  of 
these,  his  life,  his  liberty,  and  his  fate  fall  into  the  hands 
of  the  class  that  owns  those  essentials  for  work  and  pro- 
duction. 

We  hold  that  the  existing  contradiction  between  the 
theory  of  democratic  government  and  the  fact  of  a  despotic 
economic  system— the  private  ownership  of  the  natural  and 


I 


• 


NATIONAL  PARTY  PLATFORMS  OF  1904      249 

social  opportunities -divides  the  people  into  two  classes: 
the  Capitalist  Class  and  the  Working  Class;  throws  society 
into  the  convulsions  of  the  class  struggle;  and  perverts  gov- 
ernment to  the  exclusive  benefit  of  the  capitalist  class. 

Thus  labor  is  robbed  of  the  wealth  which  it  alone  produces, 
is  denied  the  means  of  self-employment,  and,  by  compulsory 
idleness  in  wage  slavery,  is  even  deprived  of  the  necessaries 

of  life. 

Against  such  a  system  the  Socialist-Labor  party  r^^ses 
the  banner  of  revolt,  and  demands  the  unconditional  sur- 
render of  the  capitalist  class. 

The  time  b  fast  coming  when,  in  the  natural  course  of 
social  evolution,  this  system  through  the  de^^tructive  action 
of  its  faUures  and  crises,  on  the  one  hand,  and  the  con- 
strucUve  tendencies  of  its  trusts  and  other  capitalist  com- 
binations, on  the  other  hand,  wUl  have  worked  out  its  own 

downfall. 

We,  therefore,  call  upon  the  wage-workers  of  America 
to  organize  under  the  banner  of  the  Socialist-Labor  party 
into  a  class-conscious  body,  av.are  of  its  rights  and  deter- 
mined  to  conquer  them. 

And  we  also  call  upon  all  other  intelligent  citizens  to 
place  themselves  squarely  upon  the  ground  of  working- 
<lass  interests:  and  join  us  in  this  mighty  and  noble  work  of 
uuman  emancipation,  so  that  we  may  put  summary  end  to 
the  existing  barbarous  class  confUct  by  placing  the  land 
and  all  the  means  of  production,  transportation,  and  dis- 
tribution into  the  hands  of  the  people  as  a  collective  body, 
and  substituting  the  Cooperative  Commonwealth  for  the 
present  sUte  of  planl  -J  production,  industrial  war,  and 


2SO  GOVERNMENT  BY  THE  PEOPLE 

■^ial  disorder  —  a  commonwealth  in  which  every  worker 
shall  have  the  free  exercise  and  full  benefit  of  his  faculties, 
multiplied  by  all  the  modem  factors  of  civilization. 


4; 


The  Socialist  Platform 

Party  Fundamentals.  —  We,  the  Socialist  party,  in  con- 
vention assembled,  make  our  appeal  to  the  American  people 
as  the  defender  and  preserver  of  the  idea  of  liberty  and  self- 
government,  in  which  the  nation  was  born;  as  the  only 
political  movement  standing  for  the  programme  and 
principles  by  which  the  liberty  of  the  individual  may  be- 
come a  fact;  as  the  only  political  organization  that  is 
Democratic,  and  that  has  for  its  purpose  the  democratiz- 
ing of  the  whole  of  society. 

To  this  idea  of  liberty  the  Republican  and  Democratic 
parties  are  equally  false.  They  alike  struggle  for  power 
to  maintain  and  profit  by  an  industrial  system  which  can 
be  preserved  only  by  the  complete  overthrow  of  such  liber- 
ties as  we  already  have,  and  by  the  still  further  enslave- 
ment and  degradation  of  labor. 

Our  American  institutions  came  into  the  world  in  the 
name  of  freedom.  They  have  been  seized  upon  by  the 
capitalist  class  as  the  means  of  rooting  out  the  idea  of  free- 
dom from  among  the  people.  Our  State  and  national 
legislatures  have  become  the  mere  agencies  of  great  prop- 
ertied interests.  These  interests  control  the  appointments 
and  decisions  of  the  judges  of  oiu:  courts.  They  have  come 
into  what  is  practically  a  private  ownership  of  all  the  func- 
tions and  forces  of  government.    They  are  using  these 


NATIONAL  PARTY  PLATFORMS  OF  1904       251 

to  betrav  and  conquer  foreign  and  weaker  peoples,  in  order 
to  establish  new  markets  for  the  surplus  goods  which  the 
people  make,  but  are  too  poor  to  buy.    They  are  gradually 
so  invading  and  restricting  the  right  of  suffrage  as  to  take 
unawares  the  right  of  the  worker  to  a  vote  or  voice  in  public 
affairs.    By  enacting  new  and  misinterpreting  old  laws, 
they  are  preparing  to  attack  the  Uberty  of  the  individual 
even  to  speak  or  think  for  himself  or  for  the  common  good. 
By  controlling  all  the  sources  of  social  revenue,  the  pos- 
sessing class  is  able  to  sUence  what  might  be  the  voice  of 
protestagainstthepassingof  liberty  and  the  comingof  tyranny. 

It  completely  controls  the  university  and  public  school, 
the  pulpit  and  the  press,  and  the  arts  and  literatures.  By 
making  these  economically  dependent  upon  itself,  it  has 
brought  aU  the  forms  of  pubUc  teaching  into  servUe  sub- 
mission to  its  own  interests. 

Our  political  institutions  are  also  being  used  as  the  de- 
stroyers of  that  individual  property  upon  which  aU  liberty 
and  opportunity  depend.  The  promise  of  economic  in- 
dependence to  each  man  was  one  of  the  faiths  upon  which 
our  institutions  were  founded.  But  under  the  guise  o 
defending  private  property,  capitaUsm  is  using  our  poUtica 
institutions  to  make  it  impossible  for  the  vast  majority  of 
human  beings  to  ever  become  possessors  of  private  property 

in  the  means  of  life. 

Capitalism  and  Socialism.  -  CapitaUsm  is  the  enemy 
and  destroyer  of  essential  private  property.  Its  develop- 
ment is  through  the  legalized  confiscation  of  aU  that  the 
labor  of  the  working  class  produces  above  its  subsistence- 
wage     The  private  ownership  of  the  means  of  employment 


252 


GOVERNMENT  BY  THE  PEOPLE 


ill 


I 


grounds  society  in  an  economic  slavery  which  renders  in- 
tellectual and  political  tyranny  inevitable. 

Socialism  comes  so  to  organize  industry  and  society  that 
every  individual  shall  be  secure  in  that  private  property 
in  the  means  of  life  upon  which  his  liberty  of  being,  thought, 
and  action  depend.  It  comes  to  rescue  the  people  from 
the  fast-increasing  and  successful  assault  of  capitalism  upon 
the  liberty  of  the  individual. 

As  an  American  Socialist  party,  we  pledge  our  fidelity 
to  the  principles  of  international  socialism,  as  embodied  in 
the  united  thought  and  action  of  the  Socialists  of  all  nations. 
In  the  industrial  development  already  accomplished  the 
interests  of  the  world's  workers  are  separated  by  no  national 
boundaries.  The  condition  of  the  most  exploited  and 
oppressed  workers,  in  the  most  remote  places  of  the  earth, 
inevitably  tends  to  drag  down  all  the  workers  of  the  world 
to  the  same  level.  The  tendency  of  the  competitive  wage- 
system  is  to  make  labor's  lowest  condition  the  measure 
or  rule  of  its  universal  condition.  Industry  and  finance 
are  no  longer  national  but  international,  in  both  organiza- 
tion and  results.  The  chief  significance  of  national  bound- 
aries and  of  the  so-called  patriotisms  which  the  ruling 
class  of  each  nation  is  seeking  to  revive  is  the  power  which 
these  give  to  capitalism  to  keep  the  workers  of  the  world 
from  uniting  and  to  throw  them  against  each  other  in  the 
struggles  of  contending  capitalist  interests  for  the  control 
of  the  yet  unexploited  markets  of  the  world,  or  the  re- 
maining sources  of  profit. 

A  World  Movement. —The  Socialist  movement  there- 
fore is  a  world  movement.    It  knows  of  no  conflicts  of 


NATIONAL  PARTY  PLATFORMS  OF   1904       255 

interest  between  the  workers  of  one  nation  and  the  workers 
of  another.  It  stands  for  the  freedom  of  the  workers  of 
all  nations;  and,  in  so  standing,  it  makes  for  the  full  free- 
dom of  all  humanity. 

The  Socialist  movement  owes  its  birth  and  growth  to 
that  economic  development  or  world  process  which  is 
rapidly  separating  a  working  or  producing  class  from  a 
possessing  or  capitalist  class.  The  class  that  produces 
nothing  possesses  labor's  fruits,  and  the  opportunities  and 
enjoyments  these  fruits  afford,  while  the  class  that  does 
the  world's  real  work  has  increasing  economic  uncertainty 
and  physical  and  intellectual  misery  for  its  portion. 

The  fact  that  these  two  classes  have  not  yet  become 
fully  conscious  of  their  distinction  from  each  other,  the 
fact  that  the  lines  of  division  and  interest  may  not  yet 
be  clearly  drawn,  does  not  change  the  fact  of  the  class 
conflict. 

This  class  struggle  is  due  to  the  private  ownership  of 
the  means  of  employment,  or  the  tools  of  production.   Wher- 
ever and  whenever  man  owned  his  own  land  and  tools, 
and  by  them  produced  only  the  things  which  he  used, 
economic   independence    was    possible.    But    production, 
or  the  making  of  goods,  has  long  ceased  to  be  individual. 
The  labor  of  scores,  or  even  thousands,  enters  into  almost 
every  article  produced.    Production  is  now  social  or  col- 
lective.   Practically  everything  is  made  or  done  by  many 
men  —  sometimes    separated    by    seas    or    continents  — 
working  together  for  the  same  end.      But  this  cooperation 
in  production  is  not  for  the  direct  use  of  the  things  made 
by  the  workers  who  make  them,  but  for  the  profit  of  the 


254  GOVERNMENT  BY  THE  PEOPLE 

owners  of  the  tools  and  means  of  production;  and  to  this 
is  due  the  present  division  of  society  into  two  distinct  classes; 
and  from  it  have  sprung  all  the  miseries,  inharmonies,  and 
contradictions  of  our  civilization. 

Between  these  two  classes  there  can  be  no  possible  com- 
promise or  identity  of  interests,  any  more  than  there  can  be 
peace  in  the  midst  of  war,  or  light  in  the  midst  of  darkness. 
A  society  based  upon  this  class  division  carries  in  itself 
the  seeds  of  its  own  destruction.  Such  a  society  is  founded 
in  fundamental  injustice.  There  can  be  no  possible  basis 
for  social  peace,  for  individual  freedom,  for  mental  and 
moral  harmony,  except  in  the  conscious  and  complete 
triumph  of  the  working  class  as  the  only  class  that  has 
the  right  or  power  to  be. 

Trusts   and   Socialism.— The   Socialist   programme   is 
not  a  theory  imposed  upon  society  for  its  acceptance  or 
rejection.     It  is  but  the  interpretation  of  what  is,  sooner 
or  later,  inevitable.    Capitalism  is  already  struggling  to  its 
destruction.    It  is  no  longer  competent  to  organize  Oi  ad- 
minister the  work  of  the  world,  or  even  to  preserve  itself. 
The  captains  of  industry  are  appalled  at  their  own  inability 
to  control  or  direct  the  rapidly  socializing  forces  of  industry. 
The  so-called  trust  is  but  a  sign  and  form  of  the  developing 
socialization  of  the  world's  work.    The  universal  increase 
of  the  uncertainty  of  employment,  the  universal  capitalist 
determination  to  break  down  the  unity  of  labor  in  the  trades 
unions,  the  widespread  apprehensions  of  impending  change, 
reveal  that  the  institutions  of  capitalist  society  are  passing 
under  the  power  of  inhering  forces  that  will  soon  destroy 
them. 


•www*"*™" 


NATIONAL  PARTY  PLATFORMS  OF   1904       255 


Into  the  midst  of  the  strain  and  crisis  of  civilization  the 
Socialist  movement  comes  as  the  only  saving  or  conservative 
force.  If  the  world  is  to  be  saved  from  chaos,  from  uni- 
versal disorder  and  misery,  it  must  be  by  the  union  of  the 
workers  of  all  nations  in  the  Socialist  movement.  The 
Socialist  party  comes  with  the  only  proposition  or  programme 
for  intelUgently  and  deliberately  organizing  the  Nation  for 
the  common  good  of  all  its  citizens.  It  is  the  first  time 
that  the  mind  of  man  has  ever  been  directed  toward  the 
conscious  organization  of  society. 

Socialism  means  that  all  those  things  upon  which  the 
people  in  common  depend  shall  by  the  people  in  common 
be  owned  and  administered.  It  means  that  the  tools  of 
employment  shall  belong  to  their  creators  and  users;  that 
aU  production  shall  be  for  the  direct  use  of  the  producers; 
that  the  making  of  goods  for  profit  shall  come  to  an  end; 
that  we  shall  all  be  workers  together,  and  that  opportunities 
shall  be  open  and  equal  to  all  men. 

Party  Pledges.— To  the  end  that   the  workers  may 
seize  every  possible  advantage  that  may  strengthen  them 
to  gain  complete  control  of  the  powers  of  government,  and 
thereby  the   sooner  establish    the    cooperative  common- 
wealth, the  Socialist  party  pledges  itself  to  watch  and 
work  in  both  the  economic  and  the  political  struggle  for 
each  successive  immediate  interest  of  the  working  class; 
for  shortc-ed  days  of  labor  and  increases  of  wages;    for 
the  insurance  of  the  workers  against  accident,  sickne.^. 
and  lack  of  employment;   for  pensions  for  aged  and  ex- 
hausted workers;    for  the  public  ownership  of  the  means 
of  transportation,  communication,  and  exchange;   for  the 


256 


GOVERNMENT  BY  THE  PEOPLE 


t 


graduated  taxation  of  incomes,  inheritances,  and  of  franchise 
and  land  values,  the  proceeds  to  be  applied  to  public  em- 
ployment and  bettering  the  conditions  of  the  workers' 
children,  and  their  freedom  from  the  workshop;  for  the 
equal  suffrage  of  men  and  women;  for  the  prevention  of 
the  use  of  the  military  against  labor  in  the  settlement  of 
strikes;  for  the  free  administration  of  justice;  for  popular 
government,  including  initiative,  referendum,  proportional 
representation,  and  the  recall  of  officers  by  their  constitutents; 
and  for  every  gain  or  advantage  for  the  workers  that  may 
be  wrested  from  the  capitalist  system,  and  that  may  relieve 
the  suffering  and  strengthen  the  hands  of  labor.  We  lay 
upon  every  man  elected  to  any  executive  or  legislative 
office  the  first  duty  of  striving  to  procure  whatever  is  for 
the  workers'  most  immediate  interest,  and  for  whatever 
will  lessen  the  economic  and  political  powers  of  the  capital- 
ist and  increase  the  like  powers  of  the  worker. 

But,  in  so  doing,  we  are  using  these  remedial  measures 
as  means  to  the  one  great  end  of  the  Cooperative  Common- 
wealth. Such  measures  of  relief  as  we  may  be  able  to 
force  from  capitalism  are  but  a  preparation  of  the  workers 
to  seize  the  whole  powers  of  government,  in  order  that  they 
may  thereby  lay  hold  of  the  whole  system  of  industry,  and 
thus  come  into  their  rightful  inheritance. 

To  this  end  we  pledge  ourselves,  as  the  party  of  the  work- 
ing class,  to  use  all  political  power,  as  fast  as  it  shall  be 
intrusted  to  us  by  our  fellow-workers,  both  for  their  im- 
mediate interests  and  for  their  ultimate  and  complete  eman- 
cipation. To  this  end  we  appeal  to  all  the  workers  of 
America,  and  to  all  who  will  lend  their  lives  to  the  service 


NATIONAL  PARTY  PLATFORMS  OF  1904      257 

of  the  workers  in  their  struggle  to  gain  their  own,  and  to 
all  who  will  nobly  and  disinterestedly  give  their  days  and 
energies  unto  the  workers'  cause,  to  cast  their  lot  and  faith 
with  the  Socialist  party.  Our  appeal  for  the  trust  and  suf- 
frages of  OMi  fellow-workers  is  at  once  an  appeal  for  their 
common  good  and  freedom,  and  for  the  freedom  and  blos- 
soming of  our  common  humanity.  In  pledging  ourselves, 
and  those  we  represent,  to  be  faithful  to  the  appeal  which 
we  make,  we  believe  that  we  are  but  preparing  the  soil  of 
the  economic  freedom  from  which  will  spring  the  freedom 
of  the  whole  man. 

The  People's  Party  Platform 

Reaffirmation  of  Principles. —The  People's  party  re- 
affirms its  adherence  to  the  basic  truths  of  the  Omaha  plat- 
form of  1892,  and  of  the  subsequent  platforms  of  1896  and 
1900.  In  session  in  its  fourth  national  convention  on  July  4, 
1904,  in  the  city  of  Springfield,  111.,  it  draws  inspiration 
from  the  day  that  saw  the  birth  of  the  nation  as  well  as  its 
own  birth  as  a  party,  and  also  from  the  soul  of  him  who 
lived  at  its  present  place  of  meeting.  We  renew  our  allegi- 
ance to  the  old-fashioned  American  spirit  that  gave  this 
Nation  existence  and  made  it  distinctive  among  the  peoples 
of  the  earth.  We  again  sound  the  keynote  of  the  Declara- 
tion of  Independence  that  all  men  are  created  equal  in  a 
political  sense,  which  was  the  sense  in  which  that  instrument, 
being  a  political  document,  intended  that  the  utterance 
should  be  understood.  We  assert  that  the  departure  from 
this  fundamental  truth  is  responsible  for  the  ills  from  which 
we  suffer  as  a  Nation,  that  the  giving  of  special  privileges 


258 


GOVERNMENT  BY  THE  PEOPLE 


^ 


to  the  few  has  enabled  them  to  dominate  the  many,  thereby 
tending  to  destroy  the  political  equality  which  is  the  corner- 
stone of  democratic  government. 

Militaritm.  —  We  call  for  a  return  to  the  truths  of  the 
fathers,  and  we  vigorously  protest  against  the  spirit  of 
Mammonism  and  of  thinly  veiled  monarchy  that  is  invad- 
ing certain  sections  of  our  national  life,  and  of  the  very 
administration  itself.  This  is  a  Nation  of  peace,  and  we 
deplore  the  appeal  to  the  spirit  of  force  and  militarism 
which  is  shown  in  ill-advised  and  vainglorious  boasting 
and  in  more  harmful  ways  in  the  denial  of  the  rights  of  man 
under  martial  law. 

Transportation  Monopoly.  —  A  political  democracy  and 
an  industrial  despotism  cannot  exist  side  by  side;  and 
nowhere  is  this  truth  more  plainly  shown  than  in  the  gigantic 
transportation  monopolies  which  have  bred  all  sorts  of 
kindred  trusts,  subverted  the  governments  of  many  of  the 
States,  and  established  their  official  agents  in  the  national 
government.  We  submit  that  it  is  better  for  the  govern- 
ment to  own  the  railroads  than  for  the  railroads  to  own 
the  government,  and  that  one  or  the  other  alternative  seems 
inevitable. 

We  call  the  attention  of  our  fellow-citizens  to  the  fact 
that  the  surrender  of  both  of  the  old  parties  to  corporative 
influences  leaves  the  People's  party  the  only  party  of  reform 
in  the  Nation. 

Therefore  we  submit  the  following  platform  of  principles 
to  the  American  people:  — 

Money  and  Banks.  — The  issuing  of  money  is  a  function 
of  government,  and  should  never  be  delegated  to  corpora- 


NATIONAL  PARTY  PLATFORMS  OF  1904       859 

tions  or  individuals.  The  Constitution  gives  to  Congress 
alone  power  to  issue  money  and  regulate  its  value. 

We  therefore  demand  that  all  money  shall  be  issued  by 
the  government  in  such  quantity  as  shall  maintain  a  stabil- 
ity in  prices,  every  dollar  to  be  full  legal  tender,  none  of 
which  shall  be  a  debt  redeemable  in  other  money. 

We  demand  that  postal  savings  banks  be  established 
by  the  government  for  the  safe  deposit  of  the  savings  of 
the  people. 

Labor  Questioiis.  —  We  believe  in  the  right  of  labor  to 
organize  for  the  beneHit  and  protection  of  those  who  toil, 
and  pledge  the  efforts  of  the  People's  party  to  preserve  this 
right  inviolate.  Capital  is  organized  and  has  no  right  to 
deny  to  labor  the  privilege  which  it  claims  for  itself.  We 
feel  that  intelligent  organization  of  labor  is  essential;  that 
it  raises  the  standard  of  workmanship,  promotes  the  effi- 
ciency, intelligence,  independence,  and  character  of  the 
wage-earner.  We  believe  with  Abraham  Lincoln  that 
labor  is  prior  to  capital,  and  is  not  its  slave,  but  its  com- 
panion, and  we  plead  for  that  broad  spirit  of  toleration 
and  justice  which  will  promote  industrial  peace  through 
the  observance  of  the  principles  of  voluntary  arbitra- 
tion. 

We  favor  the  enactment  of  legislation  looking  to  the 
improvement  of  conditions  for  wage-earners,  the  abolition 
of  child  labor,  the  suppression  of  sweat  shops  and  of  convict 
labor  in  competition  with  free  labor,  and  the  exclusion 
from  American  shores  of  foreign  pauper  labor. 

We  favor  the  shorter  workday,  and  declare  that  if  eight 
hours  constitutes  a  day's  labor  in  government  service,  eight 


960  GOVERNMENT  BY  THE  PEOPLE 

hours  should  constitute  a  day's  labor  In  factories,  work- 

shops,  and  mines. 

hOlOaAy  and  Reftrwidiim.  —  As  a  means  of  placing  all 
pubUc  questions  directly  under  the  control  of  the  people, 
we  demand  that  legal  provision  be  made  under  which  the 
people  may  exercise  the  initiative,  referendum,  and  pro- 
portional representation  and  direct  vote  for  all  pubUc  ofl&cers 
with  the  right  of  recall. 

Land,  including  aU  the  natural  sources  of  wealth,  is  a 
heriUge  of  aU  the  people,  and  should  not  be  monopolized 
for  speculative  purposes,  and  alien  ownership  of  land  should 

be  prohibited. 

We  demand  a  return  to  the  original  interpretation  of 
the  Constitution  and  a  fair  and  impartial  enforcement  of 
Uws  under  it,  and  denounce  government  by  injunction  and 
imprisonment  without  the  right  of  trial  by  jury. 

GoyemnMiit  Ownership. —To  prevent  unjust  discrimma- 
tion  and  monopoly  the  government  should  own  and  control 
the  railroads  and  those  pubUc  utUities  which  in  their  nature 
are  monopoUes.  To  perfect  the  postal  service,  the  govern- 
ment should  own  and  operate  the  general  telegraph  and 
telephone  systems  and  provide  a  parcels  post. 

As  to  those  trusts  and  monopolies  which  are  not  public 
utilities  or  natural  monopoUes  we  demand  that  those  special 
privileges  which  they  now  enjoy,  and  which  alone  enable 
them  to  exist,  should  be  immediately  withdrawn.  Cor- 
porations, being  the  creatures  of  government,  should  be 
subjected  to  such  governmental  regulations  and  control 
as  will  adequately  protect  the  public.    We  demand  the 

taxation  of  monopoly  privUeges,  whUe  they  remain  in 


NATIONAL  PARTY  PLATFORMS  OF  1904       261 


private  hands,  to  the  extent  of  the  value  of  the  privileges 
granted. 

We  demand  that  Congress  shall  enact  a  general  law  uni- 
formly regulating  the  power  and  duties  of  all  incorporated 
companies  doing  interstate  business. 


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By  the  Right  Hon.  JAMES  BRYCE,  D.CL. 

The  American  Q>mmonwealth 

Third  EdiHon,  rnutd  throughout,  after  many  reprinHngi. 

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"  His  work  rises  «t  once  to  an  eminent  place  among  studies  of  great  nations 
and  their  institutions.  It  U.  so  far  as  America  goes,  a  work  unique  in  scope, 
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approaches  it Without  exaggeration  it  maybe  called  the  mc»t  consider- 

able  and  gratifying  tribute  that  has  yet  been  bestowed  upon  us  by  an  Englishman, 
and  perhaps  by  even  England  herself.  ...  One  despairs  in  an  attempt  to  give, 
in  a  single  newspaper  article,  an  adequate  account  of  a  work  so  mfused  with 
knowledge  and  sparkling  with  suggestion.  .  .  .  Every  thoughtful  American  wiU 
read  it  and  will  long  hold  in  grateful  remembrance  its  authors  name.  -J\rew 
Yorh  Times. 

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prejudices  and  to  help  kindred  people  to  understand  each  other  better.  Professor 
Bryce's  work  is  in  a  sense  an  embassy  of  peace,  a  message  of  good-wiU  from  one 
nation  to  another."  —  The  Times,  London. 

"This  work  wiU  be  invaluable  ...  to  the  American  citizen  who  wishes  some- 
thing more  than  superficial  knowledge  of  the  political  system  under  which  he 
lives  and  of  the  differences  between  it  and  those  of  other  countnes.  ...  The 
fact  is  that  no  writer  has  ever  attempted  to  present  so  comprehensive  an  account 
of  our  political  system,  founded  upon  such  length  of  observation,  enriched  with 
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main a  standard  even  for  the  American  reader."  —  iV«e;  Yorh  Tribune. 

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distinguished  additions  to  political  and  social  science  which  this  generation  has 

-en     It  has  done,  and  will  continue  to  do,  a  great  work  in  informing  the  world 

concerning  the  principles  of  thU  government." — Philadelphia  Evening  Telegraph. 

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evolution.  In  a  word,  the  book  as  a  whole  is  a  study  of  national 
development,  dealing  not  with  the  questions  of  constitutional  law  that 
vexed  the  minds  of  the  fathers,  but  with  the  practical  difficulties 
that  democracy  has  continuously  encountered  in  its  attennpt  to  realize 
the  national  ideals  in  the  American  environment.  Immigration  and 
race  questions,  problems  relating  to  our  public  lands,  party  machinery, 
the  regulation  of  the  railroads  and  the  great  industrial  trusts,  the 
tariff,  the  currency,  foreign  policy,  and  territorial  expansion  are  all 
discussed  from  the  point  of  view  of  the  journalist  and  man  of  affairs." 


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The  American  Social  Progress  Series 

Edited  by  SAMUEL  McCUNE  LINDSAY,  Ph.D. 

A  series  of  brief  and  clearly  written  handbooks,  stating  the  newer 
social  thought  based  upon  the  accumulated  material  of  recent  sci- 
entific investigations,  tsome  of  the  volumes  will  be  chiefly  descrip- 
tive,  and  embody  the  results  of  each  field  investigation  of  the  facts 
relating  to  specisd  problenu. 

NOtV  READY 

The  New  Basis  of  Civilization 

By  S.  N.  Patten,  Ph.D.,  LL.D.,  Professor  of  Political  Economy 
in  the  University  of  Pennsylvania. 

Cloth,  i2mo,  $1.00  net;  by  mail,  %i.o6 

"  Professor  Patten  is  here  the  spokesman  for  the  ever-growing  body 
of  social  workers  who  are  struggling  to  bring  about  the  new  civiliza- 
tion by  using  in  a  wiser  way  the  energies  that  make  the  philanthro- 
pies, the  labor  organizations,  the  social  settlements,  the  churches,  and 
the  theatres.  By  insisting  that  generosity  be  reasonable  as  well  as 
impulsive,  that  competition  be  controlled  by  humane  considerations, 
that  cooperation  be  encouraged  not  for  the  sake  of  plundering  the 
rich,  but  for  the  benefit  of  all  men  regardless  of  class,  and  that  every 
man  be  given  the  greatest  possible  opportunity  to  develop  all  his 
powers,  the  distinctions  between  rich  and  poor  will  be  so  reduced 
that  the  former  will  be  only  the  most  capable  and  the  latter  the  sickly 
and  the  maimed.  If  this  endeavor  of  the  social  workers  interests  the 
reader,  he  will  do  well  to  study  in  the  present  book  the  philosophy 
upon  which  it  rests."  —  New  York  Tribune. 

Standards  of  Public  Morality 

By  Arthur  Twining  Hadley,  Ph.D.,  LL.D.,  President  of  Yale 
University. 

Cloth,  ismo,  ti.oo  net;  by  mail,  $i.o6 

"Perhaps  the  most  satisfactory  explanation  of  the  incongruous  differ- 
ence between  American  standards  of  public  and  private  morality  yet 
given  in  popular  form  is  set  forth  in  the  first  essay." — A^ew  York 
Tribune. 

"The  volume  is  all  the  better  for  its  exactly  aimed  point  and  con- 
ciseness." —  Chicago  Tribune. 


THE    MACMILLAN   COMPANY 

64-66  FIFTH  AYEinJE,  HEW  YOBS 


